Post on 21-Apr-2015
middot FILeD-middot~lt JIN-~_9FFICE
IN THE SUPERIOR COURT OF PAUtf)~ fOUrtW Y r
MICHAEL L LOWE STATE OF GEORGl ) ~l
I PHI 5]
) fIH1ir Cf~l~- ~ )i
Plaintiff v ) CIVIL ACTION FlLF T ( I~ ) NO 08-CVmiddot1l24middotJO
ELISA M LOWE ) )
Defendant )
Certificate of Service
COMES NOW Elisa L Lowe and certifies that she has filed a Rule Nisi in the above-captioned case and shows that she has mailed via first class mail copies ofsaid Rule Nisi to Martin Valubena attorney of record for the Plaintiff
Said documents were mailed via US First Class Mail to Plaintiffs Attorney of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
7
Elisa L Lowe Defendant 279 Crossroads Estates Drive Newnan GA 30265 (404) 704-7058
199
IN THE SUPERIOR COURT OF PAULDING COUNTY
MICHAEL L LOWE
Plaintiff
v
ELISA M LOWE
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE
NO 08-CV-1124-JO
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PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF
REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
Plaintiff Michael L Lowe files this Response to Defendants Motion to
Set Aside Motion for New Trial and Renewal of Request for Rule 12
Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin
E Valbuena (Motion For New Trial) and shows the Court as follows
1
Plaintiffs Motion for New Trial should be denied because the Courts
Final Order as originally issued was proper
2
In addition at the time of the final hearing Defendant consented to
the change of custody to allow Plaintiff to have primary physical custody of
the Parties children Therefore because she consented to the Courts
change of custody and award of primary physical custody to Plaintiff she
200
can not now object to the Courts ruling awarding such The only issues
litigated were the conditions of Defendants exercise of visitation rights and
the amount of child support that she should be required to pay
3
Defendants Motion for New Trial is difficult to follow nevertheless the
primary argument that Defendant appears to raise Is once again her
assertion that this Court had no jurisdiction to hear this case Defendant
has made this argument no less than three times and the Court has
properly denied It each time
Plaintiff flied this change of custody action on March 4 2008 and
Defendant was served with the Complaint and Summons on March 28 2008
Thereafter Plaintiff and Defendant appeared in Court pursuant to the Courts
Ex Parte Order on April 1 2008 Defendant was represented by counsel
Dawn Ballard l at that hearing who prepared and presented the Order from
that hearing Defendant did not raise any objection to the Courts
jurisdiction at that hearing and in fact proceeded to re-obtain primary
physical custody of the Parties minor children pursuant to this Courts
Order dated April 8 2008
It can not be disputed that Paulding County Superior Court has
SUbject-matter jurisdiction over domestic relations cases including a change
of custody case like the present case It also can not be dlsputed that
Defendant was properly served with process In this action on March 28
2
201
2008 which established personal jurisdiction over Defendant Defendants
objection to the Courts exercise of jurisdiction is more directed at an
objection to venue However the Court has properly found that Defendant
waived such an objection
After the hearing on April 1 2008 and the Courts Order entered on
April 8 2008 neither Defendants attorney nor Defendant flied a timely
answer to Plaintiffs Complaint which included an allegation that the Court
has subject-matter jurisdiction over this case and that venue Is proper in
this Court In fact Defendant never tiled any answer to Plaintiffs
Complaint The first pleadings that Defendant tiled in the case were not until
July 19 20101 well after she had already admitted by default Plaintiffs
allegations regarding subject matter jurisdiction and venue
Based on her failure to tile a timely answer or to file any pleading
objecting to the Courts jurisdiction and venue for more than two years after
being served with the Complaint this Court found and has continued to
properly conclude that Defendant waived her any right that she may have
had to contest the Courts exercise of venue over this case
4
Notwithstanding the Courts proper findings Defendants arguments
regarding another court having proper jurisdiction over this case are
misplaced Defendant argues that Coweta County should have jurisdiction
over this case pursuant to DCGA sect9-2-S That statute may be used to
3
202
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time which did not occur In this case Nevertheless a party
may also waive its application If not timely raised which Defendant did not
do Dickens v first Capital Income Properties 187 Ga App 607 (1988)
liner y North 184 Ga App 74 (1987)
However even if Defendant did not waive her right to assert the
application of sect9-2-S It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action In
i f
the 2004 Coweta County change of custody case Plaintiff relied on factual
fcircumstances that took place before that action was flied and that occurred
up until the final hearing in that case which was held in April 2005 In this Icase a 2008 Paulding County change of custody case Plaintiff relied on
factual circumstances that took place in early 2008 and on the childrens I minor child election affidavits filed in 2010 stating that they wanted to live
with their father Thus Plaintiff did not simultaneously maintain two I Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different
Moreover the Court can see from Plaintiffs Complaint in this action that he
considered the Coweta case to be completed notwithstanding that the
proposed final order had not been executed In that case
f
4
203
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
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delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
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Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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MICHAEL I LOWE
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IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
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COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
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1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
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0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
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221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
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Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
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OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
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224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
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DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
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SCtlOOL-Ln -------_
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_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
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u technology oIfwcUvoly
ATTENDANCE
-
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~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
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~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
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PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
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~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
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SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
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JI
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RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
IN THE SUPERIOR COURT OF PAULDING COUNTY
MICHAEL L LOWE
Plaintiff
v
ELISA M LOWE
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE
NO 08-CV-1124-JO
~shy -== 1) Fshyx ~r- I J z Q ~a~n~ I ~-c-~middot ampcf - nZ
~lO3 V) -lt 0 x n JI ~() -l
-lt0~ 0 CI ~-middotft ~ Co)
~
PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF
REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
Plaintiff Michael L Lowe files this Response to Defendants Motion to
Set Aside Motion for New Trial and Renewal of Request for Rule 12
Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin
E Valbuena (Motion For New Trial) and shows the Court as follows
1
Plaintiffs Motion for New Trial should be denied because the Courts
Final Order as originally issued was proper
2
In addition at the time of the final hearing Defendant consented to
the change of custody to allow Plaintiff to have primary physical custody of
the Parties children Therefore because she consented to the Courts
change of custody and award of primary physical custody to Plaintiff she
200
can not now object to the Courts ruling awarding such The only issues
litigated were the conditions of Defendants exercise of visitation rights and
the amount of child support that she should be required to pay
3
Defendants Motion for New Trial is difficult to follow nevertheless the
primary argument that Defendant appears to raise Is once again her
assertion that this Court had no jurisdiction to hear this case Defendant
has made this argument no less than three times and the Court has
properly denied It each time
Plaintiff flied this change of custody action on March 4 2008 and
Defendant was served with the Complaint and Summons on March 28 2008
Thereafter Plaintiff and Defendant appeared in Court pursuant to the Courts
Ex Parte Order on April 1 2008 Defendant was represented by counsel
Dawn Ballard l at that hearing who prepared and presented the Order from
that hearing Defendant did not raise any objection to the Courts
jurisdiction at that hearing and in fact proceeded to re-obtain primary
physical custody of the Parties minor children pursuant to this Courts
Order dated April 8 2008
It can not be disputed that Paulding County Superior Court has
SUbject-matter jurisdiction over domestic relations cases including a change
of custody case like the present case It also can not be dlsputed that
Defendant was properly served with process In this action on March 28
2
201
2008 which established personal jurisdiction over Defendant Defendants
objection to the Courts exercise of jurisdiction is more directed at an
objection to venue However the Court has properly found that Defendant
waived such an objection
After the hearing on April 1 2008 and the Courts Order entered on
April 8 2008 neither Defendants attorney nor Defendant flied a timely
answer to Plaintiffs Complaint which included an allegation that the Court
has subject-matter jurisdiction over this case and that venue Is proper in
this Court In fact Defendant never tiled any answer to Plaintiffs
Complaint The first pleadings that Defendant tiled in the case were not until
July 19 20101 well after she had already admitted by default Plaintiffs
allegations regarding subject matter jurisdiction and venue
Based on her failure to tile a timely answer or to file any pleading
objecting to the Courts jurisdiction and venue for more than two years after
being served with the Complaint this Court found and has continued to
properly conclude that Defendant waived her any right that she may have
had to contest the Courts exercise of venue over this case
4
Notwithstanding the Courts proper findings Defendants arguments
regarding another court having proper jurisdiction over this case are
misplaced Defendant argues that Coweta County should have jurisdiction
over this case pursuant to DCGA sect9-2-S That statute may be used to
3
202
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time which did not occur In this case Nevertheless a party
may also waive its application If not timely raised which Defendant did not
do Dickens v first Capital Income Properties 187 Ga App 607 (1988)
liner y North 184 Ga App 74 (1987)
However even if Defendant did not waive her right to assert the
application of sect9-2-S It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action In
i f
the 2004 Coweta County change of custody case Plaintiff relied on factual
fcircumstances that took place before that action was flied and that occurred
up until the final hearing in that case which was held in April 2005 In this Icase a 2008 Paulding County change of custody case Plaintiff relied on
factual circumstances that took place in early 2008 and on the childrens I minor child election affidavits filed in 2010 stating that they wanted to live
with their father Thus Plaintiff did not simultaneously maintain two I Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different
Moreover the Court can see from Plaintiffs Complaint in this action that he
considered the Coweta case to be completed notwithstanding that the
proposed final order had not been executed In that case
f
4
203
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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httpsllmailgooglecomlmaillUi=2ampik~645I05f2g-1ampview=attampth=middott2a3dI43cad11b5aampdi 8412616
216
--
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
9Sshy
httpc1erksmtcomlWebCaseManagementlImageheaderaspxREcrYPE=Civilampid =i42 121252004
217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
11Dot N
COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
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~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
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S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
can not now object to the Courts ruling awarding such The only issues
litigated were the conditions of Defendants exercise of visitation rights and
the amount of child support that she should be required to pay
3
Defendants Motion for New Trial is difficult to follow nevertheless the
primary argument that Defendant appears to raise Is once again her
assertion that this Court had no jurisdiction to hear this case Defendant
has made this argument no less than three times and the Court has
properly denied It each time
Plaintiff flied this change of custody action on March 4 2008 and
Defendant was served with the Complaint and Summons on March 28 2008
Thereafter Plaintiff and Defendant appeared in Court pursuant to the Courts
Ex Parte Order on April 1 2008 Defendant was represented by counsel
Dawn Ballard l at that hearing who prepared and presented the Order from
that hearing Defendant did not raise any objection to the Courts
jurisdiction at that hearing and in fact proceeded to re-obtain primary
physical custody of the Parties minor children pursuant to this Courts
Order dated April 8 2008
It can not be disputed that Paulding County Superior Court has
SUbject-matter jurisdiction over domestic relations cases including a change
of custody case like the present case It also can not be dlsputed that
Defendant was properly served with process In this action on March 28
2
201
2008 which established personal jurisdiction over Defendant Defendants
objection to the Courts exercise of jurisdiction is more directed at an
objection to venue However the Court has properly found that Defendant
waived such an objection
After the hearing on April 1 2008 and the Courts Order entered on
April 8 2008 neither Defendants attorney nor Defendant flied a timely
answer to Plaintiffs Complaint which included an allegation that the Court
has subject-matter jurisdiction over this case and that venue Is proper in
this Court In fact Defendant never tiled any answer to Plaintiffs
Complaint The first pleadings that Defendant tiled in the case were not until
July 19 20101 well after she had already admitted by default Plaintiffs
allegations regarding subject matter jurisdiction and venue
Based on her failure to tile a timely answer or to file any pleading
objecting to the Courts jurisdiction and venue for more than two years after
being served with the Complaint this Court found and has continued to
properly conclude that Defendant waived her any right that she may have
had to contest the Courts exercise of venue over this case
4
Notwithstanding the Courts proper findings Defendants arguments
regarding another court having proper jurisdiction over this case are
misplaced Defendant argues that Coweta County should have jurisdiction
over this case pursuant to DCGA sect9-2-S That statute may be used to
3
202
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time which did not occur In this case Nevertheless a party
may also waive its application If not timely raised which Defendant did not
do Dickens v first Capital Income Properties 187 Ga App 607 (1988)
liner y North 184 Ga App 74 (1987)
However even if Defendant did not waive her right to assert the
application of sect9-2-S It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action In
i f
the 2004 Coweta County change of custody case Plaintiff relied on factual
fcircumstances that took place before that action was flied and that occurred
up until the final hearing in that case which was held in April 2005 In this Icase a 2008 Paulding County change of custody case Plaintiff relied on
factual circumstances that took place in early 2008 and on the childrens I minor child election affidavits filed in 2010 stating that they wanted to live
with their father Thus Plaintiff did not simultaneously maintain two I Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different
Moreover the Court can see from Plaintiffs Complaint in this action that he
considered the Coweta case to be completed notwithstanding that the
proposed final order had not been executed In that case
f
4
203
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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MICHAEL I LOWE
~
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WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
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wi-
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CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
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COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
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1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
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220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
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Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
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Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
2008 which established personal jurisdiction over Defendant Defendants
objection to the Courts exercise of jurisdiction is more directed at an
objection to venue However the Court has properly found that Defendant
waived such an objection
After the hearing on April 1 2008 and the Courts Order entered on
April 8 2008 neither Defendants attorney nor Defendant flied a timely
answer to Plaintiffs Complaint which included an allegation that the Court
has subject-matter jurisdiction over this case and that venue Is proper in
this Court In fact Defendant never tiled any answer to Plaintiffs
Complaint The first pleadings that Defendant tiled in the case were not until
July 19 20101 well after she had already admitted by default Plaintiffs
allegations regarding subject matter jurisdiction and venue
Based on her failure to tile a timely answer or to file any pleading
objecting to the Courts jurisdiction and venue for more than two years after
being served with the Complaint this Court found and has continued to
properly conclude that Defendant waived her any right that she may have
had to contest the Courts exercise of venue over this case
4
Notwithstanding the Courts proper findings Defendants arguments
regarding another court having proper jurisdiction over this case are
misplaced Defendant argues that Coweta County should have jurisdiction
over this case pursuant to DCGA sect9-2-S That statute may be used to
3
202
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time which did not occur In this case Nevertheless a party
may also waive its application If not timely raised which Defendant did not
do Dickens v first Capital Income Properties 187 Ga App 607 (1988)
liner y North 184 Ga App 74 (1987)
However even if Defendant did not waive her right to assert the
application of sect9-2-S It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action In
i f
the 2004 Coweta County change of custody case Plaintiff relied on factual
fcircumstances that took place before that action was flied and that occurred
up until the final hearing in that case which was held in April 2005 In this Icase a 2008 Paulding County change of custody case Plaintiff relied on
factual circumstances that took place in early 2008 and on the childrens I minor child election affidavits filed in 2010 stating that they wanted to live
with their father Thus Plaintiff did not simultaneously maintain two I Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different
Moreover the Court can see from Plaintiffs Complaint in this action that he
considered the Coweta case to be completed notwithstanding that the
proposed final order had not been executed In that case
f
4
203
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
11Dot N
COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
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6ZZ
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IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
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Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
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tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
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lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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1
2
3
4
5
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
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2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
prevent a Plaintiff from litigating two identical cases in two separate courts
at the same time which did not occur In this case Nevertheless a party
may also waive its application If not timely raised which Defendant did not
do Dickens v first Capital Income Properties 187 Ga App 607 (1988)
liner y North 184 Ga App 74 (1987)
However even if Defendant did not waive her right to assert the
application of sect9-2-S It does not apply to the facts of this case because the
two actions cited by Defendant did not Involve identical causes of action In
i f
the 2004 Coweta County change of custody case Plaintiff relied on factual
fcircumstances that took place before that action was flied and that occurred
up until the final hearing in that case which was held in April 2005 In this Icase a 2008 Paulding County change of custody case Plaintiff relied on
factual circumstances that took place in early 2008 and on the childrens I minor child election affidavits filed in 2010 stating that they wanted to live
with their father Thus Plaintiff did not simultaneously maintain two I Identical actions against the same person in two different courts because the
factual circumstances at issue in those two cases were completely different
Moreover the Court can see from Plaintiffs Complaint in this action that he
considered the Coweta case to be completed notwithstanding that the
proposed final order had not been executed In that case
f
4
203
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
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216
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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217
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wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
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220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
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WORK HABITS bull jSC] FOllOWS _ ~
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DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
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PARENT PLEASE COMMENT ON BACK
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
5
Defendant refers to OCGA sect9~11~6 several times but Plaintiff Is
proceeding upon the belief that Defendant instead intended to refer to sect9~
11-60 In that regard Plaintiff has no understanding of what error
Defendant Is raising with respect to a fraud accident or mistake evident in
or that resulted in the Courts judgment Plaintiff believes that there was no
such fraud accident or mistake that resulted In the Courts judgment
Moreover Plaintiff asserts that Defendant has not presented any such error
in an understandable fashion that It can be countered by Plaintiff or ruled on
by the Court
In addition Plaintiff has no understanding of how Defendant believes
that the application of sect9~11-60(c) is appropriate Consequently Plaintiff
asserts that Defendant has not presented any such alleged error in such a
fashion that it can be countered by Plaintiff or ruled on by the Court
6
Plaintiff has no understanding of what error Defendant is raising with
respect to the arguments contained in Defendants Motion after the portion
of quoted transcript from the Parties currently pending Coweta contempt
case Defendant has raised the issue of this Courts exercise of jurisdiction
In this change of custody case In that Coweta contempt case On February
172011 Judge Baldwin ruled that he would not take up any issue regarding
this Courts exercise of jurisdiction in that contempt case
5
204
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
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-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
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)BUCIV)V JJaI1E)D
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rr
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lI
i 3 I i
r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~
As for Defendants arguments regarding being home cook[ed] and
this Courts misplaced trust and reliance on the assertions of Plaintiffs
counsel once again Plaintiff is wholly unclear as to what error Defendant is
asserting that should require a new trial or that the Courts judgment be set
aside Defendant consented to the change of custody sought by Plaintiff
Why and for what reason she is now challenging the Courts award of
primary phYSical custody in line with her consent is not clear whatsoever
Defendant has also requested previously and reasserts a request for
Rule 12 sanctions Uniform Superior Court Rule 12 addresses a voluntary
dismissal of an action Plaintiff sees absolutely no application of that rule to
the facts In this case or how the Court would fashion a sanction out of the
language of that rule Assuming arguendo that Defendant is Instead
referring to Rule 12 of the Federal Rules of Civil Procedure _Plaintiff asserts
that those Rules have no application to an action pending in the Superior
Court of Paulding County
7
Finally to the extent that it appears that Defendant Is requesting in
her concluding paragraph prayer for relief that this Court set aside Its
previous verdict and judgment dismiss this case and vacate any [and] all
previous orders entered by the Court [s]aid action to be a dismissal with
prejudice Plaintiff asserts that such relief is not appropriate for a
Motion to Set Aside or a Motion for New Trial To the extent that Defendant
6
205
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
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216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
11Dot N
COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
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IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
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~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
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tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
10
Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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268
Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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269
Page 24 of43 Qrnail Images in Fwd Court Docs
n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
is requesting a new trial be ordered in the case Plaintiff requests that the
Court deny such a request for the reasons stated above
WHEREFORE Plaintiff Michael L Lowe requests that Plaintiffs Motion
for New Trial be denied
Respectfully submitted
MARTIN ENRIQUE VALBUENA Pe
~J1l Martin Enrique Valbuena Georgia State Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
I I f
7
206
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
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216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
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220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
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DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
-----~--------------~---~ --~----~~-~--~-~-~~~--
CERTIFICATE OF SERVICE - ~ -j c rJ =_ sect ~ ~ ~~
I hereby certify that I have this day served a copy of the foreg~~~ ~~ g1 ~-z
pleading upon all counsel of record In this matter by placing a copy ol~Pdn CO -lt fTl ~ Z-
_ () r shy t _tf1
the United StaieS Mail with sufficient postage affixed thereon to ensuie ~ ~
~ W
lt0 rrI
delivery as follows -
Ms Elisa M Lowe 279 Crossroads Estates Road
A Newnan Georgia 30265
This ~ day of March 2011
~g15MARTIN ENRIQUE VALBUENA Georgia State Bar No 723164
113 Village Walk Ste B PO Box 1125 Dallas Georgia 30132 (770) 443-2204
8
207
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
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MICHAEL I LOWE
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WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
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wi-
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CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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-IN THE SUP1UUOR COURT ()II PAULDING COVTY
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7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
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The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
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DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
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1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
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~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
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poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
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A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
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tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
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253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
-----~ --~-~-----
-
C) Q -0 ~cIN THE SUPERIOR COURT OF PAULDING COUNTY
f P 1 ~ Of
STATE OF GEORGIA ~ t l 1-cltl - rp 0 t Cl--
(Q-l 00MICHAEL L LOWE ~lt lt) c-n ~~ -s ~~
lt lt t iePlaintiff CIVIL ACTION ~ ~ ~ Co 0 t C ~ ~ 7
VS ) FILE NO OS-CV-OOl124-JO ELISA M LOWE
Defendant
RULE NISI
The above case is hereby set for hearing on defendants Motion to Set Aside Motion for
New Trial and Renewal of Request for Rule 12 Sanctions before this Court on the +hooy of
Ifer I 2011 at 900 am Paulding Superior Court Courtroom 3280
Constitution Blvd Dallas Georgia
SO ORDERED this ___ day of Marrk 201 L
208
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
9Sshy
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
11Dot N
COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
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~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
A)N3CIftCl arwlClY3V
0 ssIlI901LI
gtDaCIVlVi18VragtlV
)BUCIV)V JJaI1E)D
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rr
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i 3 I i
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S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
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RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
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MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
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1 THEY HAD NOT RELEASED IT
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2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
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2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
----
o o CERTIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
properly addressed envelope with adequate postage thereon as follows -u - c_Ms Elisa M Lowe ~ $ rr 279 Crossroads Estate Road 9 ~ OfT
~oD_Newnan GA 30265 ~( I
o ~ -I 00 00~~ --0 cMr Martin Valbuena -7lt
0lt z Anorney at Law o r Nbullbull -lt0
~-bull rIc 0 NPO Box 1125 ~ D
Dallas GA 30132
ThisLdayof~ 2011
(JbPam Cochran Secretary to James R Osborne Judge Paulding Superior Court
Paulding Justice Center 280 Constitution Blvd Dallas GA 30132 770-443-7636
209
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
~~ ~ -~ ~ _Cr~ n
n
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httpsllmailgooglecomlmaillUi=2ampik~645I05f2g-1ampview=attampth=middott2a3dI43cad11b5aampdi 8412616
216
--
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
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httpc1erksmtcomlWebCaseManagementlImageheaderaspxREcrYPE=Civilampid =i42 121252004
217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
11Dot N
COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
A)N3CIftCl arwlClY3V
0 ssIlI901LI
gtDaCIVlVi18VragtlV
)BUCIV)V JJaI1E)D
~il U~
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rr
i I-ill 2
t
lI
i 3 I i
r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
This case came before the Court on Wednesday April 6 2011 for a hearingron
MICHAEL L LOWE Plaintiff
CIVIL ACTION FILE v EUSA M LOWE
NO 08-CV-1124-JO
~
)
M
r n J
Defendant -
o ORDER
~ ()
~ m
Defendants Motion to Set Aside Motion for New Trial and Renewal of Request for
Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney Martin E
Valbuena In the above-entitled case Plaintiff appeared through counsel and
Defendant appeared pro se After reviewing the file pleadings briefs filed with the
Court and applicable case law and hearing argument and It appearing to the Court for
meritorious reasons and for other good cause shown It Is therefore Ordered
Adjudged and Decreed
Defendants Motion to Set ASide Motion for New Trial and Renewal of Request
for Rule 12 Sanctions Based Upon the Continuing Fraud Committed by Attorney
Martin E Valbuena is Denied
IT IS SO ORDERED this ~ day of April 2011
pwa Martin Enrique ValbuenaEsq Ga State Bar No 723164 Attorney for Plaintiff
210
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
Gmail- Images in Fwd Court Docs Page 13 of43
~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
~ lt -
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httpsllmailgooglecomlmaillUi=2ampik~645I05f2g-1ampview=attampth=middott2a3dI43cad11b5aampdi 8412616
216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
~ YS shy 1rl
1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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bull _ c1
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
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220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
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DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
shy
FILED IN OFFICE OLDING COUNTY nt
IN THE SUPERlOR COURT OF PAULDING COUNTY APR 20 PIt It 31 STATE OF GEORGIA TInA W SHlITONMICHAEL L LOWE )
) CJampf T5 Plaintiff ) v ) CIVIL ACTION FILE
) NO 08-CV-1 124-JO ELISA M LOWE )
) Defendant
AFFIDAVIT OF INDIGENCE OF APPELLANT
COMES NOW Elisa Mlowe and after being duly swom by the underliigned officer authorized by law to administer oaths swears and deposes as follows
That ram Elisa Mlowe defendant 10 the above-captioned matter and that I wish to appeal from an adverse decision 10 this matter but because of my poverty I am unable to pay cost or to post a supersedeas lood (if required)
My indigence has already been recognized by the Paulding Superior Court as I have already been appointed a Publk Defender for a related but different action in this Superior Court NO 09-Camp-000665 Submitted this 20th day of April 2001
~IIYS~ ~ ~~~~
Appellant cr ~ ProSe
279 Crossroods poundstates Drive Newnan GA 30265 404middot704-7058
Sworn to and subscribed before me on this Day o~I ~Oll Notary Public JW~_ My commission Expires 12 -1- 7p1
211
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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216
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Page 1 of2
-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
- I lS~
JPlaltrtljf
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1
MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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217
Page 2 of2
wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
S ~
MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
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Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
FILED IfI lit01 N OFFICE COUTAPR t(
20 37 IN mE SUPERIOR COURT OF PAULDING COUNTYTpoundI JI W $
STATE OF GEORGIA A~ffrl TON MICHAEL L LOWE ) r ---rJ
) Plaintiff ) v ) CIVIL ACTION FILE
) NO08-CVmiddot1124-JO ELISA M LOWE )
) Defendant
CERTlFICATE OF SERVICE
COMES NOW Elisa L Lowe and certifies that she has filed the following document In the aoove-captioned case and shows that she has mailed via registered mail a copy to Martin Valbuena attorney of record for the Respondent
AFFIDAVIT OF INDIGENCE OF APPELLANT
Said documents were mailed via US Registered Mail to Plaintiffs Attomey of Record as follows
Martin Enrique Valubena 113 Village Walk Suite B PO Box 1125 Dallas Georgia 30132
yof~2011S0Z-LtJ 11
E~Mlowe~--- -Petitioner ~ ProSe
212
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~ middot --i------ -~~-- 11 aD-II -- B l
~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
CAPITAL ONE BANK
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MICHAEL I LOWE
~
IUDGMFNT
WHEREFORE it appcari 10 1his Honorable Coun thII this eM is In 11 II is heidi)
ORDFRED ADJUOOED IIId DfCREED thII judplll is hmby ORANTED
J)efcndlal iathe __orSI23S11 princIpIJS62104 intmll SOO filellIId III roun
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wi-
c-wil AcIioD File No 07(VmiddotSOOoT8
CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
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-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
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1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
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Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
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~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
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S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
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rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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STATE or GEORGIA
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Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
-~--~-~-~- ~- ~~ ~~ ~
i- Court of Appeals
of the State of Georgia
ATLANTA MAY 25 2011
The Court ofAppeals hereby passes theallowing order
APPLICATION NO AIID0382
ELISA M LOWE V MICHAEL L LOWE
---)
Upon consideration of the Application for Disctttio~ry _~ - Jr--
Appeal it is ordered that it be hereby GRANTED The A~llpt ~i~ tgt~
file a Notice of Appeal within 10 days of the date of th~~opoundler cmiddot shy
The Clerk of SUPERIOR COURT is directed to include a copy~t t~s
order in the record transmitted to the Court of Appeals -c- =
98032
08CV1124
tgt
Court ofAppeals of the State ofGeorgia
Clerks Office Atlanta MAY 25 2011
I certify that the above is a true extract from the minutes of the Court ofAppeals of GeOrgia
Witness my signature and the seal oj said court hereto affixed tlie duy and year last above above written
Clerk
f $ 4---r
I 213
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
shy
Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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MICHAEL I LOWE
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a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
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SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
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r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
--------
Olaquo) -CY - IloY00
Ms TREVA W SHELTON CLERK PAULDING SUPERIOR COURT ROOM 1023 280 CONSTITUTION BLVD DALLAS GA 30132
AllD0382
214
98032
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Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
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Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
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215
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
A)N3CIftCl arwlClY3V
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gtDaCIVlVi18VragtlV
)BUCIV)V JJaI1E)D
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rr
i I-ill 2
t
lI
i 3 I i
r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
98032
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Court of Appeal of the State of Georga
AlLUII1A ~ 2 bull 2011
1M Ccutt of~Mreby pasw thefolIJKfl1ts orde
APPLICATION NO AllD0382
EloISA M LOW V MICHARL L LOWIS
upon consideration of the Application for Discretionary
Appeail it 1s ordered that it be bereby GRANTED The AppelllUlt may
file a Notice of Appeal within 10 days of the date of this order
The Clerk of SUPERIOR COIlRT is directed to include a copy of this
order in the record transmitted to the court of Appealbull
o8CV1li1
-1 ~bullbullbull
Court ofAppelllr ofthe Stale -of GffNgQ
Ckrlcs ()jJlal 4tkmta NAY 25 2011
J ~ that th abelll iI a true utrtICIfron the minlltel ofthe Court of~ of GeOrgia
WftMSI nty ligrrtltUn and the _laquofsaid court hmto ajJtxid tlie dIrj and year Qst aJiqve abtNe written
Cleik
141--
215
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
notified ofsaid claim oflien Said lien is being served and filed pursuantlo OeOA sect15-9-14
in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA
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MICHAEL I LOWE
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
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11 I
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1 lIt I bull l 11 i tl
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
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253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Gmail- Images in Fwd Court Docs Page 13 of43
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~~ ~ I T SUPERIOR COURT OF DEKALB COUNTY ~ ~ ~ STATE OF GEORGIA
COWETA COUNTY CIVIL ACTIONi~~IB~ RE CHAELlW~ FlLENO04-V-32~~sectft)CJ
ATTORNEYS LIENB~~~iM~ BlZg~Sdg Delia T Crouch Attorney at Law claims a lien on all property conveyed tnmsferred or
otherwise placed into the possession of MICHAEL L LOWE and the conveyor is hereby
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in the amount 0($1104087 and said lien shall be superior to 1111 other liens Cllaquocpt tax liens and
flO person shall be at liberty to satisfy such action herein judgment or decree until the lien or
claim Qfthe attomeys is fully satisfied
Further Affiant saith not
Respectfully submincd
bJ~~ DliLIA T CROUCH GA Slate Bar No 198353
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CElTIPCAIE Of SERVICE i ] ~
~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0
Older wu dilly savod upon be couucl ofroeonI _II by mtlllnt a rlf1ime N poIIIp Jft1lIIid ria Firat CIIs$ U S Mail addreacd ~ ~~~2
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MrbullIoscpII Cooling t ~ MIIII1 Dneltcn LLC ~ ~ Ou Pata Wat SuiIC 1400 m7 Pata Fcny Ra AdmIa GA 30339
Mr Micbael L Lowe 3ItGarWay Dallas GA 30132
This f day ofApril 2008
II Coarthousc Sqaare Room30S DIIlu GA 30132
htlplclerksDltcomiWebCaseManagementilmageheaderaspxlRECTYPE=Civilampid =t42 121252004
218
Page 1 of2 -
-IN THE SUP1UUOR COURT ()II PAULDING COVTY
STATE OJ GEORGIA
7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR
ff t CD laquofYL
i Midood - 9 j
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COMNIIIQN rCQWfa
COMES NOW he IIiIIIiflin he ~styIed IClion IIId submits llii CompIciat
II AceltuIt IIId SIICa the toIlowintJ I
The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
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11 I
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1 lIt I bull l 11 i tl
d I J 11
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f SliDl-IU~ ~9a Jnt)lIfV
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
--
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The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis
Coun Tho Dtfeacllftl mar be sened II the foIIOIIriIIJ a4dress
III OSCAR WAY DALLAS GA )01)2
2
DefCllldlnt opcacd ad ldil~ ercdit ICeOlIIlt wid HSse CREDIT SERVICE
INC DefcIIdInt (aileO to I1IIie Plymetl UIIder lilt terms ad conditions ofbe tecount
lhiIckU WIll punhascd by the PIliDIlff1IId be PIIi1Iliflnow the reel pany in
nteJat In his 1Ui1 Tbc Cllltlll1IftOIIM ofSl23649 is ~_
J
1foIico1W1ttonIo1 teesllld Imcratawrquirod IIIIdcrOCOA f 13-1-11 has
IIem Ii- to IIId nrceiml by Iho DefimdInIt III(ft bin 10 days prior bereco ltai1IlifT
lOW ad qaIau new demIIId for payment orlhis oWIption suocI upon wkII
inlerm1IId upon aiM 10 ply AIIIC II provided by law wilbin 10 days Iiom Idpl of
1IIispctitlOll PIalntilfwill claim lIl1Omeys fees pnwided for saidobliplion
httpclerksncentcomIWebCaseManagementJImageheaderaspxlRECTYPE=Civilampid=l65 1212512004
219
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
A)N3CIftCl arwlClY3V
0 ssIlI901LI
gtDaCIVlVi18VragtlV
)BUCIV)V JJaI1E)D
~il U~
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rr
i I-ill 2
t
lI
i 3 I i
r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
dlYOl ~jOz ~s
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 2 of2
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e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
TIIiIo ~ is rr bull dell coIIcdIIr 1IriI is amp11 10 coIhc1 III My1 oIIIainodwlU _
bttpllcerksnacomIWebCaseManagementlImagebeaderaspxRECTYPE =Civilampid=i65 121252004
220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
opoundz
IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
~ -j I
~~IU( Ii Ilt~ll 1pp(J f7
Ilbq~)_tL 11 v amp ld J)ll(bIO)
v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
UO~o 10 JU lIIatOJam JO pNlI11J swrv ~
Qb (b fL ix l~ Q~
ICJV8D
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i 3 I i
r i
S j - (j- ( bull -~ _IIlIII II ()o-PII~~___~~ - jIICMIX~~aqshyp~JIIOW middot~JOIIIIIIlDtAdud~JO-IgtIII~ ~~~ PIPP J_~twIoJd D IJIGIII pIIIIWIJlIf ac_at IU
tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 1 of2 -
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cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
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IpoundZ
poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
tpound2
9El
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A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
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tol 1 8
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
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253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 2 of2
-WHEREfORpound PIabltIItdemands judpcat IU follows
a) tlaquopincipahlllOUlll of $16219
b) tor an ICWlleClItUemlIn tile of SlSI08
e) for rcIIOIIIIIIIe 8IIOtIIeysampes ill dltllWlOlllltof $11122
4) tor Court COllIS ill dIt 1IlIOOIII or$1(1500_ fOf sucboCber ~Ilcfllihis Court deems just IIIId propII
RespdIIIydmiUcd
SHAFBR LAW FIRM
ShIIer Lew Firm 3S2S JIIedmaw ROIdBuiJdI6 Sui 302 AduIa OA 30305 TeIIpfIoM (404) 237-19l Fax(4042)7middot1~7
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220
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
etJmeri(lllfajranklin-gmmm (6HJ 5Jtl-611411
WDII c Crime Slors wllillY p to 51080 for laform_IIOII eallecl iAto 194-44iOO a_ IeaQ to an arnstDd ladlmneaf Calle wID remala aaoaymOUSI IIHIy will 0II1y kIIowa by dI
cod bullbullm r they 11ft issuedlt Page I of
221
Page 2 of2
-WHEaEFORE PlalatiftjudpIcoI as follows
a) for princiJMlamOUllt of 586219
b) (or allllCNlld interctt mlhumounl of $ Stoa
e) (or ~ 1ItOI1Iq fees ill1bl1IIIlOUIII of $11122
d) torCollrtCOlltl i111bI1IIIOUIIt 1)($I05JlO IDCI rot suel oCher rellcfullIis ColIn deems jllSt and proper
RespcclfiIIIyMmiUed
SHAFER LAW FIRM
9hIIcr Law Firm 3$2S PWmonr ROid OaikIinaf SIIiIe 302 AdIIII OA 3OlOS Telepllont (404)131-lcn4 FIX (404) 231-1941
niII~is_ddiI TIriIto~ Any 1lM ~ 11 __ lOt_ pIIpOIf
bttpllclerksnttcomIWebCaseManagementlImageheaderaspxRECfYPE =Civi1ampid =i65 121252004
220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
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u technology oIfwcUvoly
ATTENDANCE
-
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~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
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~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
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PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
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~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~------------ -----------------~------~----___c_--------_
0 ---~~T~fN(PfI ~~4i~~
IOH Iltn South flll1k1in TennltS5ltC lt-10 (6 IS) 9-1-511
CriIaiwIIlM-MtigoIioIt Dimioft SptciCll YktiMs Ultit
MEDIA RElEASEmiddot Georgia Woman arrested oa Cstodiallnterfereace charges ie Frankli
Lat in the evening of0312412OOll The Franklin Poli Depanmenl was alertocI by the Dallas Georgia Police OepanmcnIthlUWO boys (lOinlt 12 yeat$ old) had been liken Iiom their father by the middotwin Ella M lAnM in violation of court order indicating 1IIe llIIher bad full custody of the boys Further information indicated Ihat EIIaa M Lowe had eft the State ofGeorgia and W8$ residing in Fnmklin T- WarranlS bad been taken 0111 in Dallas Georgia for Elisa M Lowe arrest for lnlcrfcrencc with Child Custody (twO counts) IIId Intmlale Interference with Child Custody (twO WUIlts) A Jetter of cxlladition for EIIaa M Lowe was signed by the District Allorney ofPaulding County Georgi
The Georgia Bur_ of lruaation bad issued a media advisory reptding the boys removal from the fathermiddots (aidenle in Dallas Georgia
On 312512008 the boys were located 81 Fnmklin area ~hOllb and weTI taken inlO custody by the Franklin Polile Department Special Vlitims Unit The boys were latta oited with their fatbet at the Franklin Police Department
LaD after1oon OIl 03l2SI2OO8 EIioa M Lowe anived at he Fnmklin Police Depanment and was takmln10 Clstody onthe OIII$tanding WWflUlIS was chlQled with Fugitive Iiom Justice here in WiRiarnson( County and i awaiting extradilion IiOdlt 10 Georgia wilhoUl bond
for immedhrte Release bull Sflrgemt E An(elgtI11l
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221
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220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
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224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
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Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
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Domain Style
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M =Meets Standard
N bull Does Not Moot Standor~
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5-gt 5 middots 53 01
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~ middot----middot~M~middot ltI
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TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
Page 60f43Gmail - Images in Fwd Court Docs
3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 2 of2
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220
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
Sll
6ZZ
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poundpoundl
11 I
Pi t
1 lIt I bull l 11 i tl
d I J 11
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v 1n000AR 1aIhIla
A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd
f SliDl-IU~ ~9a Jnt)lIfV
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
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Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
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lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
httpsllmailgooglecomlmailui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdi 842010
269
Page 24 of43 Qrnail Images in Fwd Court Docs
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
httpslfmaHgooglecomlmailui=2ampik=045905f287ampView=attampth= 12a3d943cad77b5aampdi 84120 I 0
270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Eat Coweta High School Lowe Zachary T 400 Sharpsburg-McCollum Road 2009 - 2010 Report CardSharpsburg GA 30277 Grade 09(770)254-2850
Attendance Summary
TIII1II1 Tenn2 Term 3 Term 4 Total
11111IT_TllIll IIT~f Total ZI o ZI 2 8 6 8 3 70 11
Grade Report c_
SiiiiiiSi8i Averall 04) 170110ilQ9024 HEALTII [fidNill Jason SOOtiJ Progress F8port ~
9 wi( Giidii 8 01) 2iltl1003sect IAJTlCOMp [~~SOOttl [~~~~~~~~========~~A~
rroeT 9TH [Ruhaia ~FlIS8 Report t02) 260120019-2 BIOIOiIY AdVaIIcGO bull Grade 7
Ann Mariel SemAS ~ wSlit ~_ R8jiOrt 03) 2709100305 kOiiI Miitfi IGeomIAig Grade
[Darby Kelly) semeiiii AS ~
04) 36051003)08 PeiiiOiIiiI FiIIM$ [T1dWiiIC JiIiIOri r-Re 1(Scxltt1 wi( Glilde Oil~~~AmaiinG~~ ~~Na~~~~~~middot~____________-===~90~(Spradlin Dena] Siiiiiiitiii AII
03) 6047100102 SPANISH I(MUITIiIy Gretchen] p~Reportr9~~~ra~~------------------n~middot Siiri86iii A~ tfd~e t semeBl8t Average
REPORTCARO NUITlIIic Grading 5caIe 1-100 10 90 B - 891080 C-791o 71 0 - 70 F - 89 and below
To ParentGuardian of Zadlary T Lowe
222
7
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
lt~pfi
224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
-+-----r--- ~- ~~_Ine__ _~~ C-~ hornewOl1 gt I CombullbulleJampa wOfk on u 5 - - u Wchnology_1y Irl
N
5[
l7-=- --- -------ijF--i - N
DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
Lll
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6ZZ
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poundpoundl
11 I
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1 lIt I bull l 11 i tl
d I J 11
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
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253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
JjfI-28-2001 122SP FROM TO 7104433034 PC2 )
OM EvanM Dally Attltndance Ion Jan 28 2008 1154 AM Page 1
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224
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
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=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
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Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
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001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
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Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
Page 60f43Gmail - Images in Fwd Court Docs
3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT
STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____
A grade 01 E S or U has _n assigned for conduct and work habits If improva_lls needed an X has _n placed btosidfI the _iI1e
I~~~~~~~l=~tj~~W~l1l1h1a -nd~~~--- ~-I~z-t-j Ii Oboyaruluandregul_ 1)1
I ~~~rn~_ __01$1 L~rmiddot] Worlcolpt woP _ oIIIors -r~ ____ _~~____ __~ ~~ _~_______~-Wl___
WORK HABITS bull jSC] FOllOWS _ ~
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N
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DopAbHnt
DopTardy 3i bull Dop~o i6 [i--- -- __ ___ ____ __ __ __l _ c~
t ~II_DQFYEAJt~~NT ~
Promoted to Grade_________________ P~in~__________________
Re1ained in Grade___________________
Summer Sdlool RequinKl Dyes DNa Summer Sit8 ______
to teaetiiirwlthJn two daysjshy
TeACHERS COMMENTS Cltmfereneo -ueslod by te_
II 1 j middot-mv~ImiddotI e__reque_ by_1IISJen IS ( S~ bi40 ~ fJIQdb kJ )Oft I I have vI_tId he progreu port for my child
Sgtflfhi lttf~WStcentr Pfia wftti~namri-nami ~
j Paremmiddot~
PARENT PLEASE COMMENT ON BACK
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
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RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
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MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
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1 THEY HAD NOT RELEASED IT
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2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
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2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
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-MUsIC lt - j-_-___
I
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~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
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Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
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~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
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SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
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JI
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RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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bull
15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
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WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
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~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
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06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
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To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
Page 60f43Gmail - Images in Fwd Court Docs
3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - WIth Absences Page
Period Attendance Report From 08113107 To 01129108
~ laltName Firs Name Middle name ~ ~~ Birth Date ~ 1062553 Lowe Zachary 07 M 05107195
ParenVGuardian HQmePhone Mothers Work Phone Fathers Work Phone Enter Dale Leave Dale Elisa lowe 404-934-3656 08113107
M2ruIn Iltilt lVednesdllv ~ Friday
I1iI1I Q1ZJ~miQ I1iI1I Q1~~sectZ~Q I1iI1I JlliMllHl2 I1iI1I tm~sectsectHl2 QB Q1ll~sectZ~Q
08113 08114 08115 08116 08117
08120 08121 bullbull MNM 08122 bull A bull bull 011123 0824
08127 08128 08129 09130 08131
09103 HOLIDAY 0904 bull T bullbullbullbullbullbull 1)91)5 OQO( 0907 bull Tmiddotmiddotmiddotmiddot
0910 OSil1 08112 09113 09114 bull sz-middot - 08111 09118 SSSSSSSS 09119 bull T 09120 A 011121
0924 Tmiddot bullbull 09125 01ll2ll 09127 08128 bull Tmiddot bull
10101 10102 bull T bull bullbull bull 10103 10104 101051_ OTHER 101Q9 10110 bull Tmiddotmiddot middotmiddot 10111 bull ss smiddot 10112
1015 10116 10117 10118 bull lWZmiddot bullbullbull 10119
10122 bull Tmiddotmiddot bullbullbull 10123 10124 10129 10126
10129 10130 bull A AAbullbull 10131 11101 11m bull T bullbullbullbullbull bull
11105 MmiddotAA- Amiddot 11106 OTHER 11107 11108 11109
11112 MMMM 11113 bull T bullbullbullbullbullbull 1114 11115 11116
11119 M AAMM 1120 11121 HOLIDAY 11122 HOLIDAY 11123 HOLIDAY
1125 11127 bull T bullbullbullbullbull 11128 1129 1111O M AA- M
12Jlt)3 12104 12105 12106 1207
12110 1211 bull A AAmiddot bull 12112 12113 1214 Amiddotmiddot AMImiddot
12117 Mmiddot AAmiddot bull A 1218 bull T 1219 12120 12121 HOlIDAY
12124 HOUDAY 12125 HOLIDAY 1228 HOlIDAY 12127 HOLIDAY 12128 HOLIDAY HOLIDAY12131 01101 HOLIDAY 01102 HOLIDAY 01103 HOLIDAY 01104 HOUDAY
01107 01108 01109 AAMMM 01110 01111
01114 01115 bull SSSZbullbullbull 01118 01117 01118
0121 HOLIDAY 01122 bull $ SSZmiddot bullbull 01123 01124 01125
01128 01129 bullbullbullbullbullbullbull
Periods
Total Absences D 2 3 4 5 6 1 8 9 10
Present 96 77 95 90 92 98 96 96 o o o A = UnxAbs 7 9 3 9 9 4 6 6 o o o M Med Apptt o o o 1 o o o s= Illness ~ 1 5 4 4 1 o o o T Uox Tely o 12 o o o 0 o 0 o o o Z
Totals Exc Tdy4shy o
104 0
104 1
104 1
104 2
104 0
104 o
104 0
104 o o
o o
o o
All Day Code Type Totals
Total Abslinces Pre Unv Urue Ext Act middotTeIy E-Tdy NE POll Total
Present 96 o o o o o o o 0 96 A UnxAbs o 7 o o o o o o 0 7 S IIlnells o o o o o o o 0 1
Totals 96 7 o o o o o 0 104
237
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
Ideas
Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
- -t-__ ___ ~~_-i___ ~ci~~__ it_c __ _
E=E_S1Bnltlarltl
M ~ Meeting Grade ~ 5tJIndarltl
~__________
--__PHYsIcIu eDUCAnoN
-MUsIC lt - j-_-___
I
CT i--1 ------~Mlt-W+-+- middotmiddotmiddotmiddot1
~4 1~__--1 -
I -middot1--litmiddot+-1 I _n _-i~J
~~_______ n~ _~t~~
SCtlOOL-Ln -------_
=~~t~ A gnKIe of E S or U has been a$Slgned for conduct and work hablts_ If improvement Is needed an X has been placed beslda the specific blthavlegtr()-~ -Is +_- U 4 CONDUCT Practlcbullbull Hlf ccmtrol
_poets Ihe rlghta nd prorty of oth ~- _---------__-shy
~~~-nl~ regulatlonabull Is __ I apaach and action
~o~~~I~~
Comp_ homeworK
Complete cl work on time
u technology oIfwcUvoly
ATTENDANCE
-
LS ltSSS1
-+5 tco ----h-lSlS Llt-~-- -~~~-)
IS --~_i~
DayoPraaant
001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL
__JJD9I~~~~~t41Et ___ _
PromctId 10 GradePlaced in Grada___________________
Retained in Grade
~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______
---------~-~ _-- _bull _ ~
5-gt 5 middots 53 01
M
~ middot----middot~M~middot ltI
_ut carefully ~~ dotted line (return to teacl1er wtln two daYS) _ __ _
TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
~ntmiddot SigMtute
PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
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lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~-
Samuel Inman Middle School
01129108 Period Attendance Report ATP13 1212 By Student - With Absenees Page 2
Period Attendance Report From 08113107 To 01129108
Siudent 10 lasl Nam Firs Name Mlddkil narne ~ ~ ~ ~ ampmlm 1062553 Lowe Zachary 07 M 05107195
ParenllGuardian Home Phone Mothers Work Phone Fathers Work phone sectinterOal Leave Date
Elisa Lowe 404-934-3656 0813107
Period Type Totals
T olal Absences Pre Unv Unx Exc Act U-Tdy E-Tely NIE Pas Total
- Present 644 0 0 0 0 0 0 0 0 644 A UnxAbs 0 46 0 0 0 0 0 0 0 46 M= MedAppl 0 0 0 5 0 0 0 0 0 5 S = Illness 0 0 0 17 0 0 0 0 0 17 T Unx Tely 0 0 0 0 0 12 0 0 0 12 Z = Ex Tely 0 0 0 0 0 0 4 0 0
Totais 644 46 0 22 0 12 0 0 728
238
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
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TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
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WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
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06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
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02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
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iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
Page 60f43Gmail - Images in Fwd Court Docs
3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
I
Atlanta Public Slthools ELEMENTARV PROGRESS REPORT
STUDENrS NAME ~ 1-cgtWe STUDENTS NUMBe~970 G~CTION~5l~~______
folt room performance In eachsubject
~~~---------middot-~---1L~r3 --~-~
middot~-F-middot shytlML~_
E = E_ SUOndarltl ltshyI M = MeetIng Grade Level Standard
IN Not Mealing Grade Level Standard t_-uAshy
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Domain Organization
Domain Style
E =Ex_ Standard
M =Meets Standard
N bull Does Not Moot Standor~
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M ~ Meeting Grade ~ 5tJIndarltl
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ATTENDANCE
-
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~ middot----middot~M~middot ltI
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TeACHERS COMMENTS
eont _ by te_ Conferwme requested b1 pantnts~~siS~~rslAl~bl~~ t-4a-~ ~i)OtI~Co~ +0 ~ a~hWL I ha reviewed the prog report for my childio( +ON~n ~ an M1tJ- I~ f alf caSIOOfyen- fIIilIiStildiiirimiddotiiliiiie
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PARENT PLEASE COMMENT ON BACK
WHiTL IHrllNNT RECO~[ GkEEN ENDGrSmiddot(ONL)~amiddotIE_dU i_OWe MiD STOD Fj r rmiddot rcj-~middoti i j
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
httpslImailgooglecomlmaiVui=2ampik=045905t287ampview=attampth12a3d943cad77b5aampdi 842010
250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
hnpsllmailgooglecommaillui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdL 8412010- - -
251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Lee Middle School Lowe Evan M 370 Willis Road 2009 bull 2010 Report CardSharpsburg GA 30277 Grade 07(770)251-1547
Attendance Summary
Term 1 T_2 Term 3 Term Total
Pwtod AbMnt Tardy AbMnt Tardy AbMnt Tardy AbHnt Tardy AbAnt Tardy 00 0 0 0 [l 0 0 0 [I 0 omiddot 2 0 0 2 4 1 11 2 1Tt IJ IJ ~ U 2 03 1 Jl _0 0 2 0 4 0 1 ~ IJ4 I) IJ I Z U 4 IJ IJ O) 0 2 0 3 0 4 0 10 [I
00 lt I 2 I 3 IJ gt u 1Z IJ
~ 2 _0 3 --L --~-- 1 gt 0 --L ~-Total 10 8 17 2 30 65
Grade Report
CourH Tak T1 T2 T3 T4 ~003742 He8Ih - 7 [BUSh) p~-Report
II-~rad 03)214210037034 TECHNOLOGY shy 7(cavanaugh riS ReportSallyl ~iiila (U) 214211)03741 TECHNOLOGY shy 11C8Y8il8Uiih 1fjRejlOrtgm 9wkit3012OO3()11 LANG ARTsmiddot 7 (Evans) rwe-r
94 84
i g ~
G Serneslwr A11118118 ---S IJ
06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118
~ 6i 68 B5
~ iII
~ S ~
OS) 26011003()15 UFE SCiENCE 1 [BIOWnl vear~terass~port
wkG e g ~ 90 jj5 ~
SernesIwr A11118118 74 79
02) 27022003(H2 MATH -7 [AII8n C) iearA~e PfOtI- aport
T_ 2 ()lmmonIr--T4Cltgtmmen1r~___ lI
84 68 15 f7 75
iiwkGrade 83 12 70 15 Semester A11118118 18 73
03) 360080087middot31 PEmiddot 1 [Hiiirisl iee Report e
11m1
76
03) 36008008132 PEbull 7IRiiriiSj ~rassRii~ wk~rade ~gg
[14) 30008008143 PEmiddot 7 (HarlIs] ~~ ~gg 04) 36OOiI0087-44 PE shy 7(Harris] ~ress~e~
iliiili ~m (1)45OOilOO3711 SOC SCiENCESmiddot 7 (RhOdiiiJ PiilQrass Riiport 84 80 73 80
To ParentlGuardian of Evan M Lowe
240
5
Lowe EvanM
Course Talk T1 12 T3 T4 ~e T_1~ (lT2~_(l_
83 TO 70 61
semesterA~ 11 6B Year AvsSshy -------n
03) 50012003733 visuAl ART bull11Singletonl tD 9WiltGnKfe ~ R 61
70
Numeric GnIdIng Scale Amiddot 100 to 90 B bull 8910 80 C bull 7911gt 71 0 bull 70 F middot89 and below The -dance In MIddle School Is pertod --e The 1OtaI _ number 01 pa10da misled per elm
TO 8Ih Gnode PanIIlIs _ PromoUon or ~nt for 201G-2011 is pending I8RJIts from the 8Ih grade CRCT
~ for 2010middot2011 Your lthid will be ae1Iigned 10 1he grade
241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
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Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
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253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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241
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
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~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
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1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
242
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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----~
wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 1
All Bell Periods
Date Day 2 3 4 5 6 7
0813107 (AI 0814107 (B)
0811507 (AI 08116107 (B) 0817107 (AI 08120107 (B) 0812107 (A) MED MED MED 0812207 (B) UNA 08123107 (A) 08124107 (B) 0812707 (A) 08128107 (B)
0812907 (Al 0813007 (6) 0813107 (A) 0910307 --shy09104107 (8) UNT 09(0507 (A) 0906107 (8) 0910707 (A) UNT
09110107 (6) 0911107 (Al 0912107 (8) 0911307 (A) 0914(07 (6) ILL ETD 09117107 (A) 0911807 (8) ILL ILL ILL ILL ILL ILL ILL ILL 0911907 (A) UNT 09120107 (6) UNA 0912107 (AI 0912407 (8) UNT 0912507 (A) 09126107 (6) 09127107 (A) 0912807 (8) UNT 1010107 (A)
10102107 (8) UNT 10103107 (A) 1010407 (8) 1010507 (A)
1010807 10109107 (B)
243
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 2
All Bell Periods
Date Cay 1 2 3 4 5 (I 7 101107 (8) ILL ILL ILL 10112107 (A) 101507 (8) 1016107 (Al 101707 (Bl 10118107 (A) MED MED ETD 01907 (B) 10122107 (Al UNT 1012307 (8) 10124107 (A) 10125107 (8) 1012607 (A) 10129107 (8) 1013007 (A) UNA UNA UNA 10131107 (8) 110107 (A) 11102107 (8l UNT 110507 (Al UNA UNA UNA UNA UNA 11106107 1110707 (8) 11108107 (Al 1110907 (8) 1111207 (Al UNA UNA UNA UNA UNA UNA UNA UNA 11113107 (8l UNT 111407 (AI 11115107 (8) 1111607 CA) 1111907 (8l UNA UNA UNA UNA UNA UNA UNA 11120107 CA) 1112107 11122107 11123107 11126107 (Bl 11127107 CAl 11126107 (Bl 1112907 (A) 11130107 (8) 1210307 (A) 12104107 (B) 1210507 IAl 12106107 IBl 1210707 (AI
244
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
_____
Lowe Zachary Period Attendance rue Nov 20 2007 0355 PM Page 3
Date
1211107 (A) 12112107 (8) 12113107 (AI 12114107 (8) 1211707 (A)
12118107 (8) 1211907 (AI 1212007 (8) 1212107 1224107 1212507 1212607 12127107 12128107 123107 01101108 0102108 01103108 01104108 0110708 (AI 0108108 (81 01109(08 (AI 011008 (8) 0111108 (A) 0111408 (8) 0111508 (AI 011608 (8)
0117108 (AI 0111808 (B)
01121108 01122108 (AI 0112306 (Sl 0112408 (AI 01125106 (8) 0112808 (AI 0112906 (8) 0113008 (A) 0113108 (8) 02101108 (A) 02104108 (8) 02105108 (AI 0210606 (Bl
All Bell Periods
Day 1 2 3 4 5 6
245
7
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
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1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~-
lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 4
All Bell Periods
Date Day 1 2 3 4 5 6 7 O2I08J06(B) 0211108 (A) 02112106 (B) 02113106 (AI 0211406 (Bl 02115108 (AI fl_02118108 0211906 (B) 0212008 (AI 0212108 (Bl 02122108 (A) 0212508 (B) 02126108 (A) 0212708 (B) 02128108 (A) 02129108 (B) 0303108 (A) 03104108 (B) 03105108 (A) 03106106 (6) 0310708 (A) 031008 (8) 0311106 (A) 0311208 (B) 0311308 (AI 0311408 ~ 0311708 (B) 03118108 (A) 0311908 (8) 0312008 (A) 03121108 (B) 0312408 (A) 03125108 (B) 03126108 (A) 0312706 (6) 0312808 (A) 0313108 (B) 04101106 (AI 04102108 (B) 04103108 (A) 0404108 (B) 0410708
246
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~~~~~~--------~---~-----------------------
Lowe Zachary Period Attendance Tue Nov 20 2007 0355 PM Page 5
Date 0409108 0411008 041108 0411408 (A) 041508 (8l 04116108 (A) 0411708 (8) 04118108 (Al 04121108 (8) 04122108 (Al 0412308 (8) 04124108 (Al 0412508 (8) 0412808 (A) 0412908 (8) 043008 (A) 0501108 (8)
05102108 (A) 050508 Bl 05106108 (Al 0510708 (8) 05lO8l08(Al 05109108 (8) 0511208 (Al 05113108 (8)
05114108 (A) 05115108 (8)
05116108 (A) 05119108 (8) 05120108 (Al 05121108 (8) 05122108 (A) 05123108
247
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
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1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
GaIIilcna tnfWwd Court Docs P~lQjfJB
~
EII- LoWe ltelisa404gmailcomgt~~air coogw
Contact info --------------------~--
leslie Kozloski ltIkozlosklwoepacomgt Wed Feb 13 2008 at 414 PM To Elisa Lowe ltelisa404gmailcomgt
Elisa
Gus says you are under the signed Order and Judgment filed August 14 2001
leslie Kozloski
Wood Odom amp Edge PA
(770) 253-9865
from Elisa Lowe [mlliltogfj~gmaiLQ2mJ
Sent Wednesday February 13 2008 354 PM To Leslie Kozloski Subject Contact info
[Quoled text hidden
----------------~----------
_lfM1I~~~~~iSlAI)OtJMj j4fm()
249
Gmai bull Images in Fwd Court Docs Page 3 of43
FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
Gmail- Images in Fwd Court Docs Page 5 of43
FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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FEB-13-2008 lIED 12 04 PI WOOf) ODOlf amp EDGE PA FAX N1 770 883 9895 ~ 01
- - LV --1 rioril f)~
A 7shy CLERK OF
5UPFRltlRIJUVENlE IN THE SUPERIOR COURT Of COWETA cmtUlnY
STATE OF GBORGrAI1AUG I PIt 4 16 CINilY G iJrtOWN CIGEJU
COWETA COUNTY ~ ELISA MARIB LOWEi
Plaintiff CML ACIlON FILB
S
NO 2OO1-VmiddotS61 MICRABL L LOWE
Detetldanl
ORDER ANDIlIDjlMENT
The Plaintiff ha$ filed her Modification of Child Suppon and Visilation and Motion for
Contempt At die hearing scheduled in this mauer the Defendant failed to appear ud it
appears that over forty-five (45) days have elapsed from the date of $CMCC of this acdon upon
Defendant
Aftrr oonsidmtion of the eviderue presented by die PlaindIY It is the order of the
Court that the child support shall be modified to provide that the DeIcodant sbalI pay to he
Plaintiff the sum of mooo per month as support fur their minor children Wd sum to be
payable 011 August 10 2001 and on he tenth day of each month thereafter uatil bodl drildren
of he parties attain tile age of fllliority die enter die armed foncs or become selfshy
svpponing provided that said child support sIaIJ lOt terminate upon attainment at ace eighteen
so long u any child of the parnes is enrolled fullmiddottime in a secondary schOOl until such child
_ - ~tgt IIIt ttuonhl wnh~ InaU first occur
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250
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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FEB-I3-2008 WEI) lZ04 Ill m ODOII amp EDGE PA--- - FAX NO 770 683 9895 --------- _rmiddotq2 -
The DefeMant is furtber dineted to provide to the Plaintiff a copy of his pay stub OT
paydteck from his employer to verify his income As additional child SuppOIt the Defendant
slIalJ pay a sum equivalent to twenty-five percent (2S ) of any excess gross income whicll he
earns from alllOurlte$ over and above the rum of $3000 per month
Tbe Dcfeadaot was WIder a notice to produce financial records at the final hearing in
this case and failecl to appear or produce sucl1 records It is therefore the further order of this
Court lhat Defendant shall provide to the Plalntiff a copy of hls rederal income laX returns as
directed in the Divorce Decree between the panies on or before April ISo of each calendar
year (for the pnceding ealendar year)
Tbe Defendants obligation to pay aU tuition fees luneil money and activity expense
incurred for the cbildren to attend the Academy of St George is tennillllUJd it awcarin that
the cIIiIdren are DO longer enrolled In said school
The DcteJIdants Wednesday visitation Is tenninatcd
Tbe Plaintiff f1kd a Motion for Contempt due to the Defendants failure to provide
medical illSUl3JCe coverage for the children his failure to provide copies of 115 federal income
laX return and his failure to vacate the marital residence as required by the Aarecment
between the parties and his fallure 10 pay the federal income tax debt of the parties Tbe
Plaintiffteamptified that the Defendant had sought iMoeent ~use~ $~ with Internal Revenue
ScIvlce and was seeking to avoid payment of the federal income tax obligation which be
assumed in the divorce Agreement between tbe parties
Tbe Court finds llIat the Defendant has failed to comply willi the aforesaid provisiOIlJ of
the Divorce Decree entered by this Court and Ihat he is in willful violation of the Final Divorce
Decree The Defendant shall be allowed until September 20 2001 to purge himself of his
middot2middot
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251
Groail- Images in Fwd Court Docs Page 7 of43 _ _ ~13-~ WEI11205 PH WOOl) 00011 amp EDGE PA FAX NO 770 883 9895 P 03
--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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252
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
co --~ so-- -__ ~s
IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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--
ccmlZlnpC for failure to comply with 1M afuremcnliorled provision of 1M Oivorce Decreo
Ddeadant is ordered and directed to show cause before this Court 01 September 20 2001
whetber he has pvrJed himself of his contempt with respect to die aforesaid mattcrs Palling
such his Court will entertain a motion from the Plaintiff to iracarcetate the tgtefendant for his
failUIe to comply
TIle Court further awards attorneys fees and the com of his actiOn to the P1ainIiff and
the DefaJdant Is onIered and directed to pay to the Plaintiff the sum of $59000 on or be1bre
September 20 2001
IT rs SO ORDERBO nunc pro tunc August 92001 this jL~of August 2001
d J
middot3shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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259
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
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RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
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MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
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1 THEY HAD NOT RELEASED IT
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2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
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11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
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2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
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THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
--t ____ Page 17 of43~_Gmail - Images in Fwd Court Docs
i-shy
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IN THE StJPERlORISTATE COU~itOF CruJlttl COUNTY
STATE OF GEORGIA
mlrbaC I L LOuX ~~~nON 0 V 10l
PLAINTIFF
VS
Ei~a L Ou)U
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT
You are hereby SIIIIlIOOned and required to file with the Clerk of said court and serve upon he Plainti1Is attorney whose _ and addles is ry DV tin va IWtVd
JJ 0 PtJtf- II~00(111 alt 0 (t 3bJZ
1118118_10 the complaint whkh is heTlWltb served upon you within 30 days after service of dIia _upon ytlO aclosive oHhe lay of service If you fall 10 do sojudgmcnl by default wUJ be laken againSlyou for he tIIJief demandIIcI in lbemiddoteompIlIint
This ) day of ~ bull 2OKL-
C1ert of SuperiorStale Court
BY ~j~ lelk
~ARt ItIICIIIlbIil~ ~---~bull-~~ bull~ -~
j
A ~_~- --pl- bttpsllmailgooglecommailfui=2ampik=04S90St281ampview=attampth12a3d943cad17bSaampdi 842010
253
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
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COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
rtlMrftgt IN THE SU OR COURT O COWETA COUNTY OPERICCOURT 0 WIIf
2m APR 12 AK (J 59STATE OF GEORGIA
CINDY G BIlOWN CtERIlt COWETA COUNTY SA
MICHAEL L LOWE ) )
Plaintiff )
v ) ) ~~Ll~SJlpound~ILE )
ELISA L lOWE ) )
Defendant )
MonON TO SET ASIDE ORDER
Plaintiff Michael L Lowe files this Motion to Set Aside Order and shows the
Court as follows
1
Plaintiff Is a Florida resident Defendant Is a Coweta County Georgia resident
and can be served at her residence of 279 Crossroads Estate Drive Newnan Coweta
County Georgia 30265
2
Plaintiff Is requesting that this Court set aside Its December 8 2008 Order -~-- -~-- -- - - - ---_~ --- --- ---~-- shy
dismissing the Parties case entitled Michael L Lowe y Elisa L Lowe Civil ActiOn File
No 04 V 32 Thus this Court has jurisdiction and venue is proper herein
3
Plaintiff filed his Petition for Modification of Child Custody and Child Support on
January 14 2004 and It was entitled MIchael L Lowe y Elisa L Lowe Civil Action File
No 04 V 32 Defendant was served and filed a timely answer and counterdalm for
contempt thereafter At that time Plaintiff was represented by Della T Crouch and
Defendant was represented by Gus L Wood The case dealt with the custody
254
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
f
shy
visitation and support of the Parties two minor children Zachary Thomas Lowe 008
571995 and Evan Michael Lowe DOB 7901997 (the Children)
4
Judge William T Lee entered an Ex Parte Temporary Order on January 14
2004 changing the Childrens custody and then after a hearing Judge Lee vacated
that Order and entered another Order on January 22 2004 putting the original
custody order back in place with temporary modifications A complete temporary
healing was held February 5 2004 and Judge John Simpson Issued an Order further
modifying the Childrens custody on May 7 2004
5
Judge E Byron Smith heard the case for a specially set final hearing on Aprll---~-~ ---shy
122005 and he Issued his ruling from the bench following the hearing Thereafter
Plaintiffs counsel drafted a proposed order based on the Judges ruling and forwarded
It to Defendants counsel A true and correct copy of the proposed order Is attached
hereto as Exhibit A and a true and correct copy of the portion of the courts
transcript containing the Judges ruling Is attached hereto as Exhibit 6 The
attorneys did not agree on the proposed order and neither attorney submitted a
proposed order to Judge E Byron Smith for execution
6
Thereafter although the order was unsigned the Parties abided by the Judges
ruling with respect to their Childrens custody visitation and support from the date of
the Judges ruling until the time that the action was dismissed In December 2008
2
255
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
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=-x
0 lt
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT
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2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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2
3
4
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ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
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IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
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1 RAISED TODAY
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2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
7
Neither Partys attorney moved to withdraw from the case but because a final
order had never been entered although a final hearing was held and Judge Smith
had issued a ruling the case was scheduled for a peremptory calendar on December
92008 Plaintiff and Defendant appeared without counsel Plaintiff requested that
the Court execute the proposed Final Order submitted by his attorney and Defendant
objected Judge William F Lee did not execute the proposed order and he dismissed
the case without prejudice
8
PlaIntiff requests that the Court now set aside its December 9 2008 order
dismissing the case to allow Plaintiff to submit the prepared proposed order to Judge
Smith and should lhe proposed final order meet with Judge Smiths approval for Its
execution and filing Plaintiff has submitted the proposed final order along with the
transcript from the hearing detailing the Judges ruling to Judge Smith
contemporaneously with the filing of this Motion Should the proposed final order not
meet with Judge Smiths approval Plaintiff requests that he be allowed to make any
changes requested by Judge Smith and submit a revised proposed final order to him
for execution
9
Setting aside the December 2008 Order would serve the interests of justice
and judicial economy because retrying those issues at this late date would not be In
the best interests of the Parties the Children or the judicial system Although It is not
clear why the attorneys involved in the case at the time of the final hearing did not
submit a proposed order or orders to Judge Smith for execution the amount of time
3
256
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
and effort necessary to correct this failing Is far less than the amount of time it would
take to re-file and re-try the case
10
WHEREFORE Plaintiff requests that the Court set aside Its Order dismissing
this case without prejudice to ailow Judge Smith to review the proposed final order
and execute It should It meet with his approval or revise It to make any changes
necessary to comport with his ruling and then allow It to be executed and filed
~ This -L day of April 2010
MARTIN ENRIQUE VALUBENA PC
~~ Martin Enrique Valbuena Georgia Bar No 723164 Attorney for Plaintiff
113 Village Walk Ste B PO Box 1125 Dailas Georgia 30132 (770) 443-2204 Fax (770) 443-6613
4
257
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
~ ~ -
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
---------
~--------
~ f-tJ ~tltOIlt)iC
CLERK or 1surERIOPtJUVpoundH~E COURT
IN THE SUPERIOR COURT OF COWFrA COUNTY 2DDBDEC-9 PH 154
STATE OF GEORGIA Cli1~1 G 8ROWl CLERi
COWETA tootHY GA
c51wre 1 aJtrM L- Plaintiff Ciyil Action No
04 V62shyc1wtfj an L Defendant
ORDER
The within c~ Is hereby dismissed without prejudice for lack of
plO$ecu1ion
This 9th day of December 2008
43
258
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1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
1lt--N L = =~~s ~rm0N ()8O1- I~l- fO
PLAlImPl
VS
EL-gti L Sztci0
0IPlNI)AiT
SUMMONS
ro TIll ABOve HAMiD DlPENDANT
y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II
~~U) ~~~t )~ J ~L5j~ t lt~~tl ~ )~L~S ~~ ~~~
III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
~ ---
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~ ~ -
Gmail- Images in Fwd Court Docsfl Page 2 of43
1
SUMMONS - ScaS1 ---~~~~~~~~~l l1 SC-85- ~~~
IN TH~EIUO)ysrATE COVltT OF h)s2 J1 tr COUNTY
STATE or GEORGIA
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SUMMONS
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III _IIIgt be COlIIplaiIIt wllidl II hcmvIdI tctvOd IIpOII yeo wllhlll30dtya dIetmco of l1li _1Ipoo1 IIlOduaM ofday ofmcolf1 fill 10 do 10 1Id- by IIeIiNIJ will bo Iakeo 1 for Ibe nIlef~ be compIolat
Thll Jh day of lttgt 2OL am of SuporiorlSlalo Court
By ___________________________~td~ Deputy CIert
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259
Page 4 of43 Gmail bull Images in Fwd Court Docs
of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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260
Page 60f43Gmail - Images in Fwd Court Docs
3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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of -I
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL AmON flILE NO= 0
CDbull fi l I v bull 08 CV illY r] li ltc =0
I sg~ELISA L SMITH bull i~
tshy
x Ig Defendant bull I~ ~ CIII Z N
COMPLAINT fOR CHANGE OF CUSTODY
PIentHl Michael L Lowe files this Complaint for Change of Custody
against Defendant elisa L Smith pursuant to OCGA sectsect19-9-1 and -3 and
sectsect19-9-40 at seq and shows the Court as follows
1
PlaintHI Is a Paulding County Georgia resident Up until February 22 2008
Defendant was a Fulton County Georgia resident Defendant left the state FrIday
February 22 2008 and moved to the Nashville Tennessee area
2
Defendants address In the Nashville Tennessee area Is unknown and
Defendant will not provide her address to Plaintiff Plaintiffs counsel has
attempted to locate Defendants boyfriends address but has only been able to
locate a possible PO Box address for him Plaintiff will continue to attempt to
locate an address for Defendant and If unable to do so will seek to serve
Defendant by publication
r shycrshy- zoc_ oz Co i~ shy0 ()
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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bull
15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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3
Plaintiff and Defendant are the parents of two (2) minor (hlldren Zachary
Thomas Lowe OOB 571995 Age lland Evan Michael Lowe 008 7911997
Age 10
4
Plaintiff and Oefendant were prevloosly married and they were dIvorced
in Coweta County Georgia In Civil Action No 99-V-447 The Court entered the
Final Divorce Decree on April 6 2000 and an Amended FInal Divorce Decree on
May 17 2000 True and correct copies of the Final Divorce Oecree Amended
Final Divorce Oecree Incorporated Agreement and Amendment to Agreement
are attaehed hereto as Exhibits A Bmiddot middotCmiddot and Dmiddot
5
Subsequent to their divorce Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta COunty Georgia In Civil Action Ale
No04middotV-32 The Court held a Final Hearing on April 12 2005 A proposed
Anal Order was prepared but never executed A true and correct copy of the
unexecuted Final Order Is attached hereto as Exhibit Emiddot As a result of the
2005 Modification ltIlttion the Parties share joint legal and Joint phySical custody
of the Children Since that time the Parties have been proceeding pursuant to
the terms of the final Order notwithstanding that It was never executed by the
COurt
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Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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6
Pursuant to OCGA sectsect19-9-41 and -61 which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act Georgia Is the state that made
the Inltilll child custody determlllltlon and the state that Is the Childrens home
$tate Pursuant to OCGA sect19-9-62 none of the prerequisItes for the
termination of Georgias continuing exclusive JuriSdiction are applicable to this
case Thus the Court has subject matter jurisdiction over this case
7
Pursuant to OCGA sect19-9-23 and Art VI Sec II PM1graph VI or the
Georgia Constitution venue IS proper In this Court Plaintiff resides In Paulding
County and Defendant has left the state Although Coweta County previously
granted the Parties divorce and heard the modification case none of the Parties
currently reside in Coweta County lind It has no Interest In the case
8
Pursuant to OCGA sect19-9-69 Plaintiff states that
(a) He Is not aware of the ChildrenS address In Tennessee since
Defendant removed the Children from Georgia During the last live (5) years
while living In Georglel the Children have most recentlv resided with Defendant
at 939 Euclid Avenue Atlanta Georgia and with Plaintiff at 311 Oscar Way
Dallas Georgia The Children also resided with the Parties at different
addresses in Coweta County and with Plaintiff In Decatur Georgia The Children
have not resided with any other persons during that time
3
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(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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bull r wi
(b) Plaintiff has participated In the divorce and modlficatlon attloll$
descrlbed above regarding the ChRdrens custody Plaintiff Is not aware of any
pendln9 proceedIng other than this action concemi09 the custody of the Children
Plaintiff knows of no Individual other than the Parties to this action who has any
claim of custody or visitation rights concerning the ChIldren The ChOdren are In
Defendants custody and control since she lelt the state
9
Since the date of the Final Order there has been a substantial cha0ge In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physlcal custody
10
In early 2008 Defendant announced her Intention to move the Children
to Tennessee The Parties discussed this Issue and as recent as Thursday
February 21 2008 had negotiated an agreement to allow the Children to finish
this schoof year In Fulton County schools and then spend the summer with
Defendant in Tennessee The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year
11
On Frlday February 22 2008 suddenly and without any notice to
Plaintiff Defendant left the state with the Children and apparently has moved to
Tennessee She has not returned to her Fulton County home since that time
She did not bring the Children to school the week of FebNary 25
4
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
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~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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269
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
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1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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wi 12
Since leaving Georgia Defendant win rarely answer Plaintiffs telephone
calls lind Insists on communicating only by text message Shll also has severely
limited his telephone contact wlttl the Children
13
Prior to leaving Georgia Defendant had been neglecting the Childrens
educatIonal well-being The Children missed Significant amount of school
which led to poor grades Indudlng falling grades for Zach In addition
Defendant consistently refused to respond to requests for Information from the
Childrens school teachers and administrative offlclals She would not speak or
meet with them to discuss these Issues Including poor academic performance
She dk not Inform Plaintiff of such requests from the school teachers and
offldals
14
Recently I Defendant has experienced stability Issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendants
behalf Upon Information and belief Defendant Is lIVIng with her boyfrfend in
the Nashville Tennessee area and has not enrolled the Children in school there
yet These stability Issues have had a negative effact on tile Children TIlese
Issues and the negative Impact they have on the Children In the best Interests
of the Children warrant that Plaintiff be named the Childrens primary physical
CIstodlan
s
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15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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265
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c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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bull
15
None of Defendants actions before leaving Georgia deciding to leave
Georgia lind since leaving Georgia have been in the Childrens best Interests
She has acted with II CQIl1plete disregard for the Childrens best Intenests
16
Defendants aetlons In mevlng and denying Plaintiff access to the
Children her stability Issues and her neglect of the Childrens educational needs
have created an emergency situation that In the Childrens best Interests
warrants an Immediate ex parte change of custody Without this Immediate ex
parte change of custody an eminent and substantial threat to the health safety
and well-being of the Children exists
17
PlaIntiff Is II fit and capable parent and Is otherwise qualified to assume
primary physical custody of the Children
18
As II result of the change of physical custody the current child support
arrangement should be terminated Taking Into account her current
Circumstances Defendant should be required to pay a reasonable amount of
child support for the ChildrenS support In accordance with the Child Support
GuIdelines contained In DCGA sect19-6middot15
WHEREFORE Plaintiff Michael L Lowe prays
a) That process Issue and service be had upon Defendant
b) That Plaintiff be awarded ex parte temporary and permanent primary physical custody of the Children
6
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265
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Groail - Images in Fwd Court Docs Page 16 of43
w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
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266
--
Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
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267
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Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
~~
Groail - Images in Fwd Court Docs Page 16 of43
w
c) Thill Defendant be awarded reasonable vlsltatfon rlghtsi
d) That the current child support arrangement be terminated and that Defendant be ordered to pay a reasonable llmount of child supPOrt for the support of the Children In accordance wIth OCGA sect19-6-1Siand
e) For any other relief that the Court deems just and proper
Respectfully submitted
MARTIN ENRIQUE VAlBUENA PC
~egtJc1i-tpoundB Martin Enrique Valbuena Georgia State Bar No 723164 Attorney fur Plaintiff
113 Village Walk Ste B PO Box 1125 Oallas Georgia 30132 (770) 443-2204 Fax (nO) 443-6613
httpsllmailgooglecomlmaiIlui=2ampik=04S90Sf287ampview=attampth=12a3d943cad77bSaampdi 8412010
266
--
Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
httpslfmailgooglecomlmaHlui2ampik045905t287ampvieWattampth==12a3d943cad77b5aampdi 84120
267
10
Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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268
Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
httpsllmailgooglecomlmailui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdi 842010
269
Page 24 of43 Qrnail Images in Fwd Court Docs
n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
httpslfmaHgooglecomlmailui=2ampik=045905f287ampView=attampth= 12a3d943cad77b5aampdi 84120 I 0
270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
o o
1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
--
Page 18 of 43
Gmail-Images in laquoFwd Court Docs 4igt -
~
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L LOWE Plaintiff CIVIL ACnON FILE NO
v 08 tv I~lf ft i FF
ElISA L SMITH ~ A
0 ~-i
Defendilnt ~ amp i~~ltC q - ft A_
VEBIFlCAnON - lt l ~~ ~ ~ ~ (gt
Personally appeared before me an officer duly authorized to ~
admlnl~ OIrths in the State of GeorgIa MIchael L Lowe who after being
duly sworn states that the facts contained In the foregoing COmplaInt for
Change of Custody are true and correct to the best of his knowledge and
belief
This the~day of Marcl 2008 ttLJ t lfluel L Lowe Plaintiff
Swom tq and subscribed before me tIlls~ay of March 2008
~~~ Notary Public lnandfOrte
_d~~ ~A u~ Il
~
httpslfmailgooglecomlmaHlui2ampik045905t287ampvieWattampth==12a3d943cad77b5aampdi 84120
267
10
Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
httpsflmailgooglecomlmaillui=2ampik=045905f287ampview=attampth=12a3d943cad77b5aampdi 8412010
268
Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
httpsllmailgooglecomlmailui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdi 842010
269
Page 24 of43 Qrnail Images in Fwd Court Docs
n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
httpslfmaHgooglecomlmailui=2ampik=045905f287ampView=attampth= 12a3d943cad77b5aampdi 84120 I 0
270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 200f43Omail bull Images in Fwd Court Docs
IN mE SUPERIOR COURT OF PAULDING COUNTY
MICHAeL L LOWE
Plaintiff
v
EUSA L SMITH
Defendant
STATE OF GEORGIA
CIVIL ACTION FILE NO
08 CV lid I - JO C) CD II Q
gg~ Ii middot ~ ~ r o -t r l1i 0 QEX PARTE ORDIR Z Q
~ _r-ipound _ cZg) 2~ --_ -lt0cfI
Plaintiff Michael L Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health safety and well-being of the Parties children the Court after
reviewing the pleadings hearfng the evidence presented argument on all Issues
and reviewing applicable case law and it appearing to the Court for meritorious
reasons and for other good cause shown It Is therefOns Ordered Adjudged
and Decreed that
1
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act
OCGA sectsect19-9-40 at seq Venue Is proper here because Defendant has left
the state and apparently Is no longer II resident of Georgia and Plaintiff resides
In Paulding County
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Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
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Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
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1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
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1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 22 of 43Gmail - Images in Fwd Court Docs
0
2
Plaintiff lind Defendant were previously married and tlley were divorced
In Coweta County Georgia In Civil Action No 99-Y-447 The Court entered the
final Judgment and Oecree on AJ)ril 6 2000 Subsequent to their dlvoml
Plaintiff filed a PetItion for Modification of Child Custody and Child Support In
Coweta County Georgia In Civil Action File No 04-Y-3Z That case was
resolved by a hearlll9 that awarded the Parties jOint legal and joint phY51~1
custody of the Chfldren
3
Oefendant has left the State of Georgia without providing notice to
Plaintiff and she is refusing to provide Plaintiff with her address In Tennessee
Furthermore she Is Iimitlll9 Plaintiffs access to their children
4
Defendant Is apparently living with her boyfriend In the Nashville
Tennessee area without the benefit of marriage Contrary to the visitation
rights contained In previous Orders Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children
5
Given Oerendant$ actions it 15 In the best Interests and welfare of the
Children that they ~ placed In the temporary legal and physical custody of
Plaintiff
httpsllmailgooglecomlmailui=2ampik=045905f287 ampview=attampth= 12a3d943cad77b5aampdi 842010
269
Page 24 of43 Qrnail Images in Fwd Court Docs
n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
httpslfmaHgooglecomlmailui=2ampik=045905f287ampView=attampth= 12a3d943cad77b5aampdi 84120 I 0
270
o o
IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
Page 24 of43 Qrnail Images in Fwd Court Docs
n
6
Until furtl1er order of this Court Plaintiff snail retain temporary legal and
physical custodV of the Parties minor cnlldren Zachary Thomas Lowe 008
5171995 and Evan Michael Lowe 008 791997 A temporary nearing shall
be held at ~ am on the L day of ~ 2008 to determine whether
the prayers requested In Plaintiffs Complaint should be granted
IT IS SO ORDERED this -yen- day of Marell 2008
~~~ ~ 6t
-~~~ ~~ ]Av[) shy~ Ii 1l~~~ ~ ~A~~
httpslfmaHgooglecomlmailui=2ampik=045905f287ampView=attampth= 12a3d943cad77b5aampdi 84120 I 0
270
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
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1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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IN THE SUPERIOR COURT OF PAULDING COUNTY
MrCHAEt t LOWE I
PLA NT I Ef
VERSUS
ELISA L SMITH
DEFENDANT
STATE OF GEORGIA
CASE NUMBER
08-CV-1124
MOlION TO SET ASIDE MOTION FOR NEW TRIAL AND
-I r l r
2J r-
r lr
JI
n r-0 - 9
RENEWAL OF UQUEST FOR RULE nfELVE SANCTIONS
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE JAMBS R OSBORNE COMMENCING AT
APPROXIMATELY 330 PM APRIL 6 2011 AT PAULDING
COUNTY COURTHOUSE DALLAS PAULDING COUNTY GEORGIA
APPEARANCES OF COUNSEL
ON BEHALF OF THE PLAINTIFF MARTIN E VALBUENA ATTORNEY AT LAW
ON BEHALF OF THE DEFENDANT PRO SE
GAYLE C LAUGHRIDGE OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
z )raquo -lt
f
=-x
0 lt
1
2
o o
PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
1
2
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PRO C BED I N G S
THE COURT ALL RIGHT ILL CALL THIS CASE WHICH IS
3 LOWE VERSUS LOWE IT IS CASE NUMBER 08-1124
4 I BELIEVE MS LOWE YOU HAVE REQUESTED THAT YOU DO
5 WANT TO HAVE THE COURT REPORTER TAKE THIS DOWN
6 AND MR VALBUENA I BELIEVE YOU HAVE DECLINED TO
7 SHARE WHICH MEANS THE EXPENSE WILL BE ON MS LOWE IN THIS
B CASE IS THAT CORRECT
9
10
MR VALBUENA YES SIR
TH COURT ALL RIGHT MADAM COURT REPORTER AS IS
11 CUSTOMARY IF YOU WILL MAKE WHATEVER ARRANGEMENTS OR
12 DISCUSS THE FEE AT THIS TIME WITH MS LOWE
13 (WHEREUPON A DISCUSSION WAS HELD orF THE RECORD)
14 THE COURT ALL RIGHT MS LOWE ILL LET YOU
15 PROCEED YOU HAVE FILED A MOTION TO SET ASIDE MOTION FOR
16 NEW TRIAL AND RENEW A REQUEST fDR RULE TWELVE SANCTIONS
17 BASED ON THE CONTINUING FRAUD COMMITTED BY ATTORNEY MARTIN
18 E VALBUENA SO ILL ALLOW YOU TO PRESENT ANY ARGUMENT OR
19 OTHER MATTERS AT THIS TIME IF YOUD LIKE
20 DEFENDANT SMITH-LOWE BASICALLY I THINK MAINLY MY
21 PLEADINGS SUM UP MOST OF MY PROBLEM WITH THIS I HAD
22 SUBMITTED TO THE COURT THE TRANSCRIPTS FROM THE JANUARY
23 6TH HEARING WHERE JUDGE BALDWIN WITH THE COWETA COUNTY
24 SUPERIOR COURT WAS CLEAR THAT HE DID NOT FEEL THAT IT WAS
25 CORRECT FOR ANOTHER COURT TO BE TAKING JURISDICTION WHEN
2
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o
1 THEY HAD NOT RELEASED IT
o
2 I DO KNOW THAT ON FEBRUARY 17TH IN MR VAL8UENAS
3 RESPONSE HE SAID THAT HE WOULD NOT TOUCH THE JURISDICTION
4 ISSUES ANY LONGER BECAOSE THIS CASE WAS OVER AND I WOULD
5 LIKE TO COMMENT ON THAT THE CASE HAPPENED ON JANUARY
6 6T THE FINAL ORDER WAS SIGNED HERE ON JANUARY 5THbull IT
7 WAS FILED LATE IN THE DAY ON JANUARY 5THbull I DID NOT EVEN
8 HAVE THE ORDER WHEN WE WENT TO COURT THE NEXT DAY IN
9 FACT IT WAS ONLY FAXED TO ME I BELIEVE JANUARY 11TH OR
10 12
11 ALSO I HAD ASKED FOR -- HE HAD SAID SOMETHING TO THE
12 EFFECT OF I COULD NOT COME TO ANOTHER COURT AND BASICALLY
13 TELL ON ANOTHER SUPERIOR COURT AND THAT IS NOT WHAT I
14 WAS TRYING TO DO I HAD BEEN SAYING THIS OF COURSE
15 SINCE THE JURISDICTION AND VENUE THING SINCE THE
16 BEGINNING AND I HAD ASKED HIM TO LOOK INTO IT ON A
17 PLEADING THAT I ALSO FILED A COpy WITH THIS COURT ON
18 NOVEMBER 15 2010 ASKING HIM TO PLEASE LOOK INTO THIS
19 BECAUSE I FELT LIKE I WAS NOT GETTING ANY HELP IN THIS
20 COURT I SUPPOSE I DO HAVE A COpy OF THOSE TRANSCRIPTS
21 CAN I SUBMIT THOSE AS EVIDENCE
22 THE COURT IF YOULL SHOW THEM FIRST TO MR
23 VALBUENA WHATEVER IT IS YOU WANT TO TENDER
24 DEFENDANT SMITH-LOWE YES IN FACT IVE GOT YOU A
25 COpy (PRESENTING)
3
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1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 MR VALB I GUESS JUDGE I DONT UNDERSTAND AT
2 A MOTION fOR NEW TRIAL INTRODUCING NEW EVIDENCE AND WE
3 WOULD OBJECT TO THE INTRODUCTION OF ANY NEW EVIDENCE
4 THE COURT WHAT IS IT ITS A TRANSCRIPT fROM WHAT
5 PROCEEDING IS IT A PROCEEDING IN THIS COURT
6 DEFENDANT SMITH-LOWE MR VALBUENA HAD COMMENTED ON
7 THAT IN HIS RESPONSE TO MY MOTION TO SET ASIDE
B THE COURT WELL WHAT IM SAYING IS WHAT IS THE
9 EXHIBIT ITS A TRANSCRIPT OF WHAT PROCEEDING
10 DEFENDANT SMITH-LOWE OF THE FEBRUARY 17TK
11 PROCEEDING HE IS SPEAKING OF
12 MR VALBUENA IN COWETA COUNTY
13 THE COURT IN COWETA COUNTY
14 DEFENDANT SMITH-LOWE YES SIR
15 THE COURT ALL RIGHT I WILL NOT ADMIT ANY
16 TRANSCRIPTS OF OTHER COURTS AS I DONT THINK THEYRE
17 RELEVANT TO THE ISSUES IN THIS CASE THEY MAY BE RELEVANT
18 TO ANY PROCEEDINGS THERE
19 DEFENDANT SMITH-LOWE RIGHT AND I WOULD ALMOST
20 AGREE IT WAS FUNNY WHEN I WAS I WAS LOOKING AT JUST
21 DOING AGAIN THE NEW EVIDENCE AND THEN WHEN I READ MORE
22 CLEARLY THE RESPONSE TO MY MOTION I FELT LIKE IT MAY BE
23 NECESSARY rOR ME TO COMMENT OR TO PROVE MY CASE ON THE
24 ITEMS THAT HES POINTED OUT IS THAT NOT THE WAY I SHOULD
25 DO IT
4
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
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1 THE COURT I CANT RBALLY TBLL YOU HOW TO DO IT
2 OTHER THAN ILL ALLOW YOU TO CONTINUE SUBJECT TO ANY
3 OBJECTIONS THAT MAY BE FORTHCOMING SO YOU MAY PROCEED IN
4 ANY FASHION THAT YOUD LIKE
5 DEFENDANT SMITH-LOMB OKAY THANK YOU SO I WAS
6 SAYING THAT IN THE PLAINTIFFS BRIEF THAT HIS CONTENTION
7 WAS THAT HE WAS NOT GOING TO TALK ABOUT THE ISSUE ANYMORE
8 BECAUSE THAT CASE WAS OVER AGAIN IT WAS BECAUSE I HAD
9 BEEN ASKING FOR THIS FOR A COUPLE OF MONTHS MR VALBUENA
10 HAD FILED A MOTION FOR A CONTINUANCE THAT PUT THIS CASE
11 OFF FROM NOVEMBER 22NO UNTIL JANUARY 6TH BY FILING A LEAVE
12 OF ABSENCE HE HAD FILED WITH ANOTHER CASE ALMOST A YEAR
13 PRIOR TO THIS BUT ANYWAY SO THE CASE KEPT GETTING PUT
14 OFF
15 THATS WHY IT LOOKED LIKE I WAS - I WAS NOT TELLING
16 ON THIS COURT TO ANOTHER COURT I WAS TRYING TO GET THIS
17 TO STOP IS I GUESS WHAT IM GETTING AT ON THAT BUT
18 WHAT HE DID SAY IN THE TRANSCRIPT WAS THAT IT WAS OVER AND
19 THERES NOTHING I CAN DO ABOUT THE PAULDING COUNTY THING
20 ALSO IT HAS BEEN CLAIMED THAT I SHOWED UP WITH AN
21 ATTORNEY ON THE FIRST DAY OF COURT WHAT I SAY ABOUT THIS
22 IS THAT DAY IN COURT ON APRIL 1 2008 WHEN THE EX PARTE
23 ORDER WAS ISSUED I HAD GOTTEN OUT OF JAIL ON THE 28THbull
24 IT WAS THE WEEKEND THIS WAS THE FIRST AND LAST TIME I
25 EVER MET DAWN BALLARD SHE fILED NO ADMISSION WITH THIS
5
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
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1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
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1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
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1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
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1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
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1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
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1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
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1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
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1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
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1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
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1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o
1 COURT I THINK THERES EVEN A NOTE ON THE CLERKS FILE
2 THAT SAYS CARE OF DAWN NO REPRESENTATION
3 AND IF MR VALBUENA WAS SO SURE THAT SHE WAS MY
4 ATTORNEY THEN I BELIEVE THAT HE WOULD HAVE SENT HER A COpy
5 OF THE RULE NISI THAT HE SENT TO ME TWO YEARS AND THREE
6 MONTHS LATER AFTER THIS CASE HAD BEEN HEARD AND THERE WAS
7 AN ORDER ISSUED ON IT WHICH RETURNED MY CHILDREN TO ME AND
8 SAID THAT THE ONLY OTHER STIPULATION WAS THAT THE
9 VISITATION WAS TO RETURN AS IT WAS BEFORE AFTER HE WAS
10 RELEASED FROM JAIL
11 SO I THOUGHT THIS CASE WAS OVER I GOT MY CHILDREN
12 BACK AND HE STATES THAT I DID NOT SUBMIT ANY PLampADINGS
13 OR ANSWER ON THAT CASE UNTIL JULY -- I BELIEVE HE SAYS THE
14 19THbull IT WAS ACTUALLY JULY 14TH IS THE CORRECT DATE AND
15 THAT IS ONLY BECAUSE I HAD BEEN ISSUED THIS RULE NISI
16 AND I DID NOT KNOW WHAT WAS GOING ON IT JUST SAID RULE
17 NISI THERE WERE NO CHILDRENS ELECTIONS ATTACHED NO
18 INFORMATION
19 AND AGAIN I WAS A LITTLE BIT CONFUSED BECAUSE --
20 WELL NOT A LITTLE BIT A LOT CONFUSED BECAUSE I HAD JUST
21 BEEN SERVED ON MAY 27TH WITH A MOTION TO SET ASIDE AN
22 ORDER IN COWETA COUNTY THAT HAD BEEN ISSUED IN DECEMBER Of
23 2008 WHICH DISMISSED MIKES CUSTODY CLAIM THAT HE STARTED
24 IN JANUARY OF 2004 ALL THESE DATES GET CONFUSING SO I
25 WAS CONFUSED
6
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1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 I HAD A MOTION TO SET ASIDE IN COWETA SERVED ON MAY
2 27THbull I FILED MY ANSWER AND I ASKED FOR SUMMARY JUDGMENT
3 ON THAT AND WE WENT TO COURT IN OCTOBER AND HIS MOTION
4 TO SET ASIDE THE ORDER WAS DENIED IN MEDIATION THE DAY
5 BEFORE THAT COURT I ASKED MARTIN I SAID WHAT IF YOU GET
6 CUSTODY OF THE KIDS IN PAULDING COUNTY AND THE JUDGE
7 GRANTS YOUR MOTION TO SET ASIDE THE JUDGMENT IN COWETA
8 COUNTY WHAT ARE YOU GOING TO DO AND HIS STATEMENT TO
9 ME WAS THE JUDGE IS GOING TO PRO NONC TONC IT IM NOT
10 SURE IF IM SAYING THAT RIGHT TO THE DATE OF THE
11 HEARING SO HE SEEMED TO ALREADY HAVE PLANNED OUT WHAT
12 WAS GOING TO HAPPEN WITH IT AND WHEN IT WAS DENIED IM
13 NOT SURE IF THAT WAS A SHOCK OR IF THATS HOW IT WAS
14 PLANNED IM NOT SURE
15 ANYWAY WITH THE CONFUSION WHEN THE RULE NISI WAS
16 FILED HERE THAT IS WHEN I FILED MY FIRST PLEADINGS THAT
17 WAS THE FIRST PLEADING AND THE LAW STATES THAT A DEFENSE
18 OF LACK OF JURISDICTION OVER THE PERSON OR IMPROPER VENUE
19 IS WAIVED IF NEITHER MADE BY MOTION NOR INCLUDED IN A
20 RESPONSIVE PLEADING AS ORIGINALLY FILED THATS OCGA
21 9-11-12 BY PLEADING TO THE MERITS OF THE CASE YOU ARE
22 NOT RAISING ANY DEFENSE OF LACK OF JURISDICTION OF THE
23 PERSON OR IMPROPER VENUE A PERSON WAIVES THOSE
24 OBJECTIONS AND THEN WHEN ISSUES NOT RAISED IN THE
25 PLEADINGS ARE TRIED OR EXPRESSED OR COMPLIED CONSENT OF
7
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 THE PARTIES THEY SHALL BE TREATED IN ALL RESPECTS AS THEY
2 HAVE BEEN RAISED IN THE PLEADINGS
3 ALSO IN THE UCCJEA IF A COURT -- THERE WOULD
4 HAVE BEEN REALLY NO REASON FOR DAWN TO RAISE A DEFENSE OF
5 JURISDICTION OR VENUE AND HERE IS WHY BECAUSE TEMPORARY
6 EMERGENCY JURISDICTION CAN BE OETAINED BY COURT IF THERE
7 IS TRULY AN EMERGENCY SITUATION WHICH THERE WAS NOT ANY
8 AND THEY DID NOT PROVE THAT IN ANY WAY THEIR COMPLAINT
9 WAS FULL OF FRAUDULENT STATEMENTS AND I CAN ENUMERATE
10 THOSE BUT I BELIEVE IVE DONE THAT IN THE PAST
11 SO A COURT CAN TAKE THAT EMERGENCY JURISDICTION BUT
12 IF THEY FIND OUT THAT THERES ANOTHER COURT THATS
13 EXERCISING JURISDICTION THEN THEY HAVE TO NOTIFY THEM
14 THERE HAS TO BE COMMUNICATION OF THE COURTS WH ICH THERE
15 WAS NOT WHICH IS WHAT I CONSISTENTLY ASKED FOR
16 THERES A COURT CASE I BELIEVE ITS TAYLOR V KURL
17 (PH)-- I DONT HAVE IT RIGHT HERE WITH ME -- THAT THEY HAD
18 DONE BASICALLY THAT A COURT HAD TAKEN TEMPORARY
19 JURISDICTION AND HE FILED AN APPEAL AND THEY DENIED IT
20 THEY SAID THEY CAN HAVE THE TEMPORARY JURISDICTION BUT
21 ITS ONLY FOR A LIMITED TIME NOT TO EXCEED NINETY DAYS
22 THEREfORE IF I GOT MY CHILDREN BACK AND I WENT HOME AND
23 EVERYTHING RETURNED AS NORMAL AND NINETY DAYS WAS THE
24 MAXIMUM OF TEMPORARY JURISDICTION THIS COURT COULD HAVE
25 HAD WHY WOULD THERE HAVE BEEN ANY PLEADINGS FILED
8
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1
2
3
4
5
6
7
8
9
ALSO DURING THE TIM8 THE TWO YEARS AND THREE MONTHS
10
11
IN-BETWEEN THE TIME THAT APRIL In UNIL THE TIME HE
FILED HIS RULE NISI TWO YEARS AND THREE MONTHS HE HAD
WITHDRAWN AS MIKES ATTORNEY FOR A BOUNCED CHECK I
BELIEVE WITHDRAWN AS HIS ATTORNEY AND THEN HE CAME BACK
AND WAS ABLE TO KEEP THE SAME CASE NUMBER I DIDNT
UNDERSTAND THAT BECAUSE I KNOW ITS DIFFERENT FOR ME IN
COWETA COUNTY TO HAVE TO PAY NEW FEES OR WHATNOT AND
JUST KEEP THIS THING LIKE WE HAVENT SKIPPED A BEAT WHEN
THE CIRCUMSTANCES SURROUNDING THIS CASE HAD COMPLETELY
CHANGED
12 MIKE HAD MOVED TO FLORIDA HE WAS NO LONGER A
13 RESIDENT OF DALLAS I WAS BACK IN COWETA COUNTY AND
14 COWETA COUNTY HAD STILL NOT RELEASED THE JURISDICTION SO
15 THE CIRCUMSTANCES HAD ALL CHANGED NOW I UNDERSTAND THAT
16 MY BOYS HAD ELECTIONS BUT I FEE LIKE THE JURISDICTION IS
17 PROPER I FEEL LIKE IT SHOULD BE REMANDED TO THE COWETA
18 COUNTY COURT WHERE THE JURISDICTION HAS NEVER BEEN
19 RELEASED
20 ALSO IN THE FEBRUARY TRANSCRIPTS THEY MAKE MENTION
21 OF THE 2005 ORDER THIS GOES TOWARDS THE FRAUD I
22 SUPPOSE THEY MAKE MENTION OF THE FRAUD ORDER THAT 2005
23 ORDER WAS NEVER FILED IT WAS NEVER AGREED ON IN FACT
24 I HAVE A COpy OF ALL OF THE DRAFTS OF THAT ORDER AND
25 WHAT MR VALBUENA AND MR LOWE PRESENTED TO THIS COURT
9
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 STATING THAT IT WAS AN ORDER THAT WE HAD LIVED BY WAS THE
2 VERY FIRST DRAFT SENT BY MIKES ATTORNEY AT THAT TIME
3 IVE GOT NOTES MARKING THEM UP SAYING I DONT LIKE
4 YOUR USE OF THE WORD JOINT CUSTODY THE JUDGE DIDNT SAY
5 THAT ETC ETC AND I DID OBTAIN A COpy OF THOSE I
6 KNOW I CANT SUBMIT THOSE BUT I DO HAVE A COpy OF THOSE
7 TRANSCRIPTS ALSO ITS EASIER TO READ THAN WHAT THEYVE
8 SUBMITTED
9 BUT HE HAS CLAIMED TO COWETA COUNTY OVER AND OVER AND
10 OVER AGAIN IN A RESPONSIVE BRIEF TO THE COWETA COUNTY
11 SUPERIOR COURT THAT WE HAVE LIVED BY JUDGE SMITHS ORDER
12 FROM MARCH OF 2008 UNTIL DECEMBER OF 2008 AND I ASKED
13 HIM IN MEDIATION IF WE HAD REALLY LIVED BY THE COURTS
14 ORDER FROM MARCH -- EXCUSE ME -- FROM APRIL OF 2005 I
15 APOLOGIZE fROM APRIL OF 2005 UNTIL DECEMBER OF 08 THEN
16 WHY -- AND YOU KNOW WHEN HE WAS TALKING ABOUT WE WERE
17 LIVING BY THEM WHEN IT CAME TO CUSTODY CHILD SUPPORT AND
18 VISITATION I ASKED IN MEDIATION THEN WHY WAS I ARRESTED
19 ON AN EX PARTE ORDER IF WE WERE LIVING BY ALL THESE THINGS
20 IN MARCH OF 200SI
21 MR VALBUENA JUDGE IM GOING TO OBJECT AT THIS
22 POINT MS LOWE HAS FILED A MOTION FOR A NEW TRIAL WITH
23 SOME OTHER NAMES BY IT WHICH BASICALLY HAS TO POINT OUT
24 THAT THE COURT HAS ERRED AND TELL THE COURT WHY IT HAS
25 ERRED AND ASK THE COURT TO CORRECT ITS ERROR AND YET I
10
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 HEAR A LOT OF DISCUSSION ABOUT MEDIATION ABOUT WHAT WAS
2 SAID IN PLEADINGS ABOUT WHATS GOING ON IN COWETA COUNTY
3 BUT I DONT HEAR ANYTHING ABOUT WHERE THE COURT HAS ERRED
4 WHY THE COURT HAS ERRED AND THE CORRECTION FOR THE ERROR
5 AND I THINK ALL OF THE OTHER STUFf IS IRRELEVANT TO THIS
6 MOTION
7 THE COURT WELL ILL CONSIDER WHAT SHE HAS SAID SO
8 FAR ILL LET HER START OVER AGAIN AND GO FORWARD FROM
9 HERE IF SHE HAS ANYTHING ELSE SHE NEEDS TO TELL ME
10 DEFENDANT SMITH-LOWE THANK YOU WHAT IM SAY ING
11 THE ERROR -- AND THE REASON I WAS GOING THERE IS BECAUSE I
12 WAS RESPONDING TO WHAT WAS WRITTEN IN HIS RESPONSIVE
13 PLEADINGS BACK TO ME ON THIS SO THATS WHY I FELT LIKE I
14 NEEDED TO TOUCH ON IT I FEEL LIKE -- I THINK THIS COURT
15 ERRED BY NOT COMMUNICATING WITH THE COWETA COUNTY COURTS
16 AS MUCH AS I PLEADED IT AND I KNOW THAT I PROBABLY DROVE
17 EVERYONE CRAZY BUT I NEVER GAVE UP MY CLAIM ON THAT I
18 DID IT EVERY TIME I JUST WANTED IT TO BE OKAY AND
19 EVERYONE TO SEE
20 AND THATS WHY I FILED THAT IN NOVEMBER IN COWETA
21 COUNTY BECAUSE I FELT LIKE IE SOMEONE CALLED I DIDNT
22 KNOW HOW THAT WENT BUT I FELT LIKE IF SOMEONE CALLED THEN
23 YALL WOULD UNDERSTAND AND SOMEBODY WOULD LISTEN TO ME I
24 UNDERSTAND THAT THERES A CERTAIN WAY PEOPLE PROBABLY FEEL
25 ABOUT PRO SE LITIGANTS BUT I CAN TELL YOU I CANT RUN UP
11
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 ATTORNEYS BILLS AND I THINK MY TOTAL IS AT ABOUT
2 $3200000 RIGHT NOW THAT IVE BEEN FIGHTING THIS MAN FOR
3 TEN YEARS AND I HAVE NO MORE MONEY TO SPEND ON IT SO
4 IVE SPENT ALL MY TIME RESEARCHING THIS SO I JUST FELT
5 LIKE I WASNT BEING LISTENED TO BECAUSE I WAS PRO SE I
6 UNDERSTAND BUT I JUST FELT LIKE I NEEDED TO DO SOMETHING
7 MORE MAJOR
8 THE COURT ALL RIGHT THANK YOU MAAM
9 ANY RESPONSE YOURE NOT REQUIRED TO RESPOND BUT
10 YOURE ALLOWED TO MR VALBUENA
11 MR VALBUENA JUDGE I WOULD JUST POINT OUT THAT --
12 NOT TO REITERATE TOO MUCH WHATS ALREADY IN MY BRIEF BUT
13 THIS ACTION WAS FILED MARCH 4THbull AND AT THAT TIME WE DID
14 OBTAIN AN EX PARTE ORDER GRANTING THE FATHER TEMPORARY
15 CUSTODY OF THE CHILDREN OR CUSTODY OF THE CHILDREN AND
16 AT THE END OF THAT ORDER IT SAYS A TEMPORARY HEARING
17 SHALL BE HELD AT 900 AM ON APRIL 1 2008 TO DETERMINE
18 WHETHER THE PRAYERS REQUESTED IN PLAINTIFFS COMPLAINT
19 SHALL BE GRANTED
20 THEN WE CAME ON APRIL 1sT AND HAD THAT TEMPORARY
21 HEARING THATS WHEN DAWN BALLARD APPEARED FOR MS LOWE
22 AND SHE DRAFTED THAT ORDER AND THEN THE COURT SIGNED orF
23 ON IT SO THATS THE ORDER COMING OUT OF THE TEMPORARY
24 HEARING MS BALLARD AS AN ATTORNEY HAD THE ABILITY TO
25 RAISE ANY DEFENSES SHE WANTED TO AT THAT TIME SHE CHOSE
12
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 NOT TO MS BALLARD AS MS LOWES ATTORNEY COULD HAVE
2 FILED AN ENTRY OF APPEARANCE AND AN ANSWER AND SHE CHOSE
3 NOT TO SHE PREPARED THAT ORDER PRESENTED IT AND THEN
4 NOBODY FILED AN ANSWER OR ANY OTHER RESPONSIVE PLEADINGS
5 MS LOWE WAS SERVED ON MARCH 28THbull THE TIME FOR
6 FILING THEM EXPIRED THIRTY DAYS LATER WITH AN EXTRA
7 FIFTEEN DAYS FORTY-FIVE DAYS LATER IT WAS WELL OVER TWO
8 YEARS BEFORE MS LOWE FILED ANYTHING JUST LIKE SHE SAID
9 BECAUSE THE CASE WAS SET BACK DOWN FOR A SECOND TEMPORARY
10 HEARING WHEN THE CHILDREN ELECTED TO LIVE WITH THE FATHER
11 I DONT SEE ANY SET OF CIRCUMSTANCES WHERE IT CANT
12 BE CONSIDERED THAT SHE WAIVED HER OPPORTUNITY TO CHALLENGE
13 THE VENUE IN THIS CASE IN MY BRIEF I TALK ABOUT SUBJECT
14 MATTER JURISDICTION AND PERSONAL JURISDICTION I DONT
15 THINK THOSE ARE AT ISSUE I DONT THINK THE UCCJEA
16 HAS ANY APPLICATION HERE AT THE TIME THE ACTION WAS
17 FILED THE HOME STATE OF THE CHILDREN WAS HERE THE MOTHER
18 HAD JUST LEFT THE STATE WITHIN SEVERAL DAYS OR WEEKS SO
19 THERES NO REASON THAT APPLIES EITHER
20 I DONT THINK THE COURT ERRED IN DENYING HER
21 OBJECTION TO VENUE EACH TIME THAT SHE HAS RAISED IT AND
22 THE COURT HAS ISSUED ORDERS ON IT AND WE THINK THAT ITS
23 BEEN OVER AND DONE WITH AND THE COURT RULED TO BEGIN WITH
24 CORRECTLY AND ITS IN OUR BRIEF THE CASE LAW AND THE
25 REASONS WHY THAT GO BEYOND THAT THAT MS LOWE HASNT
13
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o
1 RAISED TODAY
o
2 THE COURT ALL RIGHT ANYTHING FURTHER MAAM
3 DBFENDANT SMITH-LONE YES SIR HE DOES SPEAK ABOUT
4 THAT I WAS PROPERLY SERVED ON MARCH 28THbull I WANTED TO GO
5 JUST REAL QUICK AND TELL YOU THE DATES OF THAT THE ORDER
6 WAS SIGNED ON MARCH 4THbull I WAS UN-NOTIFIED r BROUGHT
1 THE KIDS BACK TO MIKE TO HAVE THEM FOR SPRING BREAK AND
8 BEFORE THAT I HAD THEM HERE ANOTHER WEEKEND SO THERES
9 ONLY A THREE-WEEK PERIOD HERE HE HAD THEM FOR A WEEK AND
10 A WEEKEND
11 I WAS ARRESTED ON MARCH 25TH WITHOUT SERVICE WITHOUT
12 NOTICE OF ANY KIND I WAS ARRESTED MY KIDS WERE PICKED
13 UP FROM SCHOOL I WAS HELD IN JAIL FOR FOUR DAYS AND
14 EXTRADITED BACK TO PAULDING COUNTY AND AS I WAS SITTING
15 IN THE HOLDING CELL HOURS HAD GONE BY AND A SHERIFF
16 WALKED IN THE DOOR AND SERVED ME WITH THESE PAPERS THE
17 ADDRESS THAT WAS PUT ON THE SUMMONS FOR ME WAS JAIL
18 THERE WAS NO ATTEMPT TO SERVE ME OTHERWISE
19 AGAIN I WAS SERVED ON THE 28THbull THERE WAS THE
20 WEEKEND THANK THE LORD FOR MY MOTHER BECAUSE SHE WAS
21 CALLING TO TRY TO fIND AN ATTORNEY TO HELP ME DURING THIS
22 TIME SO SHE CALLED THIS LADY SHE SHOWED UP AND HES
23 RIGHT THERE WAS NO ENTRY OF ADMISSION AND I DO NOT SEE
24 HOW IT CAN BE THAT I ACQUIESCED TO THIS COURTS
25 JURISDICTION WITHOUT THAT
14
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 ITS ALSO MENTIONED IN THE PLEADINGS THAT THEY FELT
2 LIKE THEY SAID ITS NOT A IT SHOULD BE DIRECTED MORE
3 TOWARDS VENUE AND I WANTED TO POINT OUT THAT I DID CALL
4 IT THE MOTIONS -- ON THE FINAL HEARING IT SAYS SECOND
5 MOTION rOR DEMAND AND STAY OF TEMPORARY HEARING DUE TO
6 IMPROPER VENUE HE HAS CLAIMED THAT I HAVENT SAID VENUE
7 ENOUGH
8 IT IS ALSO INDICATED THAT THE CASES THAT WERE rILED
9 IN COWETA OR PAULDING WERE NOT IDENTICAL CASES PURSUANT TO
10 A 9-6-5 I BELIEVE STATUTE AND I WANTED TO SAY THE
11 STATUTORY LAW FOR THE CHILD CUSTODY CASES IS THE
12 UCCJEA AND IT DOESNT SAY IDENTICAL CASES IT SAYS
13 SIMULTANEOUS CASES WHICH INVOLVE THE SAME SUBJECT AND THE
14 SAME CHILD SO IT DOESNT HAVE TO BE IDENTICAL
15 ALSO A NEW PIECE or EVIDENCE WHICH I FELT IN ASKING
16 FOR A MOTION TO SET ASIDE WHEN A NEW PIECE OF EVIDENCE
17 COMES ABOUT I HAVE RECORDS FROM THE PAULDING COUNTY
18 SCHOOL SYSTEM WHERE MIKE WAS WORKING WHERE HE ACTUALLY
19 EITHER RESIGNED OR WAS LET GO AND ALLOWED TO RESIGN ON
20 FEBRUARY 28THbull HE WAS BEING EVICTED FROM HIS HOUSE AND
21 THE LAST DAY TO MOVE OUT WAS APRIL lOT
22 HR VALBUENA JUDGE AGAIN IM GOING TO OBJECT TO
23 THE INTRODUCTION OF ANY NEW EVIDENCE THAT HASNT ALREADY
24 BEEN PRESENTED TO THE COURT
25 DEFENDANT SMITH-LOWE I THOUGHT THATS WHAT I WAS
15
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 SUPPOSED TO DO TODAY I APOLOGIZE IF ITS NOT
2 THE COURT WELL YOU KNOW YOU CANT TELL ME ANY
3 HEARSAY TODAY IF YOU HAVE SOME TESTIMONY OR IF YOU HAVE
4 ADMISSIBLE DOCUMENTS ILL LET YOU PRESENT THOSE
5 DEFENDANT SMITH-LONE I DO HAVE CERTIFIED DOCUMENTS
6 THE COURT ALL RIGHT IF YOULL SHOW WHATEVER IT IS
7 YOU THINK YOU HAVE TO MR VALBUENA ILL SEE IF THERES
8 ANY OBJECTION
9 DEFENDANT SMITH-LONE lPRESENTING)
10 THE COURT NORMALLY REPORTS OR DOCUMENTS THAT ARE
11 PREPARED BY OTHER PEOPLE WHO ARE NOT IN COURT ARE SUBJECT
12 TO AN OBJECTION AMONG OTHER THINGS OF HEARSAY AND
13 THATS WHAT HES SAYING OR PART OF WHAT HES SAYING
14 MR VALBUENA WELL I GUESS JUDGE THE OTHER PART I
15 WOULD BE SAYING TOO IS THAT THESE ARE DOCUMENTS THAT
1 6 DEAL WITH THE MERITS o r THE CASE I DONT UNDERSTAND WHY
17 MS LOWE IS OBJECTING TO IT BECAUSE SHE CONSENTED THE
16 DAY WE HAD THE HEARING SHE CONSENTED TO THE CHANGE or
19 CUSTODY AND ALL WE HAD A HEARING FOR IN FRONT OF YOU
20 BACK IN NOVEMBER WAS HOW MUCH VISITATION HOW THE
21 VISITATION WAS GOING TO GO ABOUT AND THE AMOUNT OF CHILD
22 SUPPORT SO IF THE DOCUMENTS DEAL WITH THAT I DONT
23 UNDERSTAND HOW SHE CAN CONSENT TO IT IN NOVEMBER AND THEN
24 CHALLENGE IT ON APPEAL
25 THE COURT WELL LET ME SEE IF THERES SOME NON-
16
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 HEARSAY -- IF I CANT LOOK AT THEM BASED ON THAT TH8N
2 THAT RENDERS MOOT ANY OTHER OBJECTIONS SO DO YOU HAVE
3 SOME DOCUMENT THAT IS PREPARED BY YOU OR IS THIS ALL STUFF
4 PREPARED BY OTHER --
5 DEPENDANT SMITH-LOWE NO SIR THIS IS BY PAULDING
6 COUNTY SCHOOL SYSTEM
7 THE COURT DO YOU OBJECT TO THAT DOCUMENT BASED ON
8 HEARSAY
9 MR VALBUBNA YES JUDGE
ILL SUSTAIN THE OBJECTION 10
11
THE COURT ALL RIGHT
DEFENDANT SMIlH-LOWB DID I SAY THAT RIGHT THAT THE
12 DOCUMENTS ARE FROM PAULDING COUNTY SCHOOL SYSTEM NOT FROM
13 ME DID I SAY THAT CORRECTLY
14 THE COURT I HEARD YOU SAY THAT
15 DEFENDANT SMITH-LOWE OKAY I WAS JUST MAKING SURE
16 THB COURT I DONT KNOW WHAT YOU MEAN BY DID YOU SAY
17 IT CORRECTLY OR NOT IT SOUNDED LIK8 IT WAS -- I COULD
18 UNDERSTAND THE WORDS IF THATS WHAT YOURE SAYING
19 DBFENDANT SMITH-LOWE I JUST WANTED TO MAKE SURE
20 THAT YOU WERENT CONSID8RING THAT OR HE WASNT SAYING THAT
21 WAS HEARSAY BECAUSE ITS NOT A DOCUMENT THATS MADE UP BY
22 ME ITS THEIR DOCUMENTS
23 THE COURT ALL RIGHT
DBFENDANT SM1TH-LOWE I WAS JUST MAKING SURE 24
25 THB COURT ALL RIGHT WELL THANK YOU BOTH FOR YOUR
17
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18
o o
1 PATIENCE AFTER REVIEWING THE FILE AS WELL AS THE
2 ARGUMENT MADE TODAY I WILL FIND THAT THERES NO MERIT IN
3 THE MOTION TO SET ASIDE MOTION FOR NEW TRIAL OR RENEWAL OF
REQUEST FOR RULE TWELVE SANCTIONS
5 AND MR VALBUENA IF YOULL DRAW UP AN ORDER DENYING
6 THOSE MOTIONS AND SUBMIT THAT TO MS LOWE
7 MR VALBUENA MS LOWE AND I DISCUSSED PREPARING
B THIS BEFORE TODAY BASIC ORDERS THAT JUST SORT OF - - I
9 WOULD PREPARE ONE THAT DENIED IT SHE WOULD PREPARE ONE
10 THAT GRANTED IT
11 THB COURT ALL RIGHT
12 MR VALBUENA IVE DONE THAT BUT SHE HASNT SEEN
13 IT IVE JUST GIVEN IT TO HER NOW
14 THE COURT ALL RIGHT (REVIEWING DOCUMENTS) ALL
15 RIGHT IM GOING TO FILE THIS WITH THE CLERK AND THAT
16 WILL CONCLUDE THE HEARING TODAY IF EITHER OF YOU WANT A
17 COpy OF THE ORDER YOURE WELCOME TO COME UP BEFORE YOU
18 LEAVE AND GET A COPY FROM THE CLERK
19 OTHERWISE IF YOU WANT TO SERVE A COpy OF THAT ON MS
20 LOWE THATLL BE UP TO YOU MR VALBUENA
21
22 HERE
DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy
23 THE COURT SURE
24
25
DEFENDANT SMITH-LOWE OKAY
THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT
18