Paulding County Trial Record Part Three

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· FILeD 9FFICE IN THE SUPERIOR COURT OF fOUrtW Y r; .. MICHAEL L. LOWE, STATE OF GEORGl.!\. )' I PHI,: 5] '., ) fI.H1i.r.,:;,.; ')/i Plaintiff, v. ) CIVIL ACTION FlLF: /T ( ) NO. 08-CV·1l24·JO 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 of said Rule Nisi to Martin Valubena, attorney of record for the Plaintiff: Said documents were mailed. via U.S. First Class Mail, to Plaintiff's Attorney of Record as follows: Martin Enrique Valubena 113 Village Walk, Suite B P.O. Box 1125 Dallas, Georgia 30132 7 Elisa L. Lowe Defendant 279 Crossroads Estates Drive Newnan, GA 30265 (404) 704-7058 199

Transcript of Paulding County Trial Record Part Three

Page 1: Paulding County Trial Record Part Three

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

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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

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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

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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

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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

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-----~--------------~---~ --~----~~-~--~-~-~~~--

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 ~ ~

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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

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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

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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

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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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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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CElTIPCAIE Of SERVICE i ] ~

~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0

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This f day ofApril 2008

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STATE OJ GEORGIA

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The 0efaIdIm is bull ruidelIt of11mCOUIIty IIIIi is wililin Ihc jurisdiction of IIIis

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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

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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

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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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-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

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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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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

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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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

~__________

--__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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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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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-

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 2: Paulding County Trial Record Part Three

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

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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~~ ~ -~ ~ _Cr~ n

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Page 1 of2

-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA

CAPITAL ONE BANK

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~ 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[

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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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

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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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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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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265

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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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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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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 3: Paulding County Trial Record Part Three

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

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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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~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0

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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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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

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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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~------------ -----------------~------~----___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

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[

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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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

~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

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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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~

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-

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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

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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 4: Paulding County Trial Record Part Three

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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Page 1 of2

-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA

CAPITAL ONE BANK

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~ 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[

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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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

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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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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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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265

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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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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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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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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 5: Paulding County Trial Record Part Three

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

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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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~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

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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 ~_

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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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~------------ -----------------~------~----___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

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221

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-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

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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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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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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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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

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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

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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 6: Paulding County Trial Record Part Three

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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Page 1 of2

-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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bull _ c1

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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

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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 ~_

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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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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

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

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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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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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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 7: Paulding County Trial Record Part Three

-~~~~~-----~~-----~--~------~-----~-- -- ~--~~----~----------~---~-------~

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

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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

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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

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

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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

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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

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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

-+5 tco ----h-lSlS Llt-~-- -~~~-)

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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

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

~ ~ -

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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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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Page 8 of43 Gmail- Images in Fwd Court Docs

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

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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

z )raquo -lt

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=-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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 8: Paulding County Trial Record Part Three

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 -

~~ ~ -~ ~ _Cr~ n

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-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA

CAPITAL ONE BANK

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1

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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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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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

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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

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poundpoundl

11 I

Pi t

1 lIt I bull l 11 i tl

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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

~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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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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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

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

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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

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 9: Paulding County Trial Record Part Three

-----~--------------~---~ --~----~~-~--~-~-~~~--

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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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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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

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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

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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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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

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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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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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 10: Paulding County Trial Record Part Three

-----~ --~-~-----

-

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 -

~~ ~ -~ ~ _Cr~ n

n

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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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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

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rr

i I-ill 2

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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

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

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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

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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

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

~ ~ -

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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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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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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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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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 11: Paulding County Trial Record Part Three

----

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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216

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Page 1 of2

-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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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

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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

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

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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

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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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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~ -~

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

ro TIll ABOve HAMiD DlPENDANT

y on boIcby __ao noquind to III widliho Clerk or said OOUII and upon Iht PatiIf 0II0nIlt) _ _ address II

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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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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

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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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=-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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 12: Paulding County Trial Record Part Three

~~

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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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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~iTbI Wlllcnipod cJoQs hereby cetIiY dW alnICI and oomct copy r~ -0

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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

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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

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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

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SHAFBR LAW FIRM

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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

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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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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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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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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

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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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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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 13: Paulding County Trial Record Part Three

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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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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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

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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 ~_

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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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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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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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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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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

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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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

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

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=-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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 14: Paulding County Trial Record Part Three

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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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

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

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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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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

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

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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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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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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265

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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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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 15: Paulding County Trial Record Part Three

-~--~-~-~- ~- ~~ ~~ ~

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

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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

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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

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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

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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

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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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

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

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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-

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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 16: Paulding County Trial Record Part Three

--------

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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Page 1 of2

-IllIB SUPERIOR COURT OF PAULDINO COUNTY STATE OF OEOROIA

CAPITAL ONE BANK

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1

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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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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Page 1 of2 -

-IN THE SUP1UUOR COURT ()II PAULDING COVTY

STATE OJ GEORGIA

7 iI -ClIIIcIkIIIuc ~ONOOCU~lt~lDPlliiliR

ff t CD laquofYL

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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

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 _

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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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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

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

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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

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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

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wkG e g ~ 90 jj5 ~

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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

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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

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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

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

~ ~ -

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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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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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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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 17: Paulding County Trial Record Part Three

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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1

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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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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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

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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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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

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

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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

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-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

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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

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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

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

~ ~ -

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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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-

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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

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

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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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 18: Paulding County Trial Record Part Three

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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Page 1 of2

-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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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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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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~------------ -----------------~------~----___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

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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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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

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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

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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_

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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-

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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

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

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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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 19: Paulding County Trial Record Part Three

--

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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

--~ T

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 _

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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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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

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

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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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--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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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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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

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

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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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 20: Paulding County Trial Record Part Three

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

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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 ~_

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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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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

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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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

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-MUsIC lt - j-_-___

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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

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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

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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

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

~ ~ -

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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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-

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 21: Paulding County Trial Record Part Three

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 _

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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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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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11 I

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d I J 11

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A IJItGdfIIV~ A IoIObull (pQ 110 IIpampIf) OOd

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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

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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

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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

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wkG e g ~ 90 jj5 ~

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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

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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

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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

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

~ ~ -

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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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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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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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 22: Paulding County Trial Record Part Three

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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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

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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

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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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

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Defendilnt ~ amp i~~ltC q - ft A_

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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

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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

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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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Page 24 of43 Qrnail Images in Fwd Court Docs

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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

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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

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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

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8

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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

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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 23: Paulding County Trial Record Part Three

~------------ -----------------~------~----___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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poundpoundl

11 I

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1 lIt I bull l 11 i tl

d I J 11

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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 ~

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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

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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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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 24: Paulding County Trial Record Part Three

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

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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 ~

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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

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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

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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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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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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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=-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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 25: Paulding County Trial Record Part Three

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

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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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bull Atlanta Public ScI100Is ELEMENTARY PROGRESS REPORT

STUDENT$ NAlilE ~Ql l-oN -e STUDENTS NUMBelCJ6G3 970 GRADEISECTION 5L-____

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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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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

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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

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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 26: Paulding County Trial Record Part Three

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

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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

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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

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

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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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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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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265

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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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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 27: Paulding County Trial Record Part Three

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

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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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

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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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

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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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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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 28: Paulding County Trial Record Part Three

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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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Comp_ homeworK

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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~ __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

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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

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

~ ~ -

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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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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Page 8 of43 Gmail- Images in Fwd Court Docs

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

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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

z )raquo -lt

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=-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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 29: Paulding County Trial Record Part Three

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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

----------------~----------

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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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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

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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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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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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-

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 30: Paulding County Trial Record Part Three

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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~

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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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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

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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

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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

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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

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)

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 31: Paulding County Trial Record Part Three

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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

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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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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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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Page 12 of43 Gmail - Images in Fwd Court Docs

----~

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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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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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 32: Paulding County Trial Record Part Three

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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

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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

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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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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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 33: Paulding County Trial Record Part Three

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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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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

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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

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

~ ~ -

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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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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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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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

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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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

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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 34: Paulding County Trial Record Part Three

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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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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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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-

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 35: Paulding County Trial Record Part Three

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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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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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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 36: Paulding County Trial Record Part Three

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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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 37: Paulding County Trial Record Part Three

~-

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

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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

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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

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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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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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-

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 38: Paulding County Trial Record Part Three

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

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E =Ex_ Standard

M =Meets Standard

N bull Does Not Moot Standor~

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M ~ Meeting Grade ~ 5tJIndarltl

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_poets Ihe rlghta nd prorty of oth ~- _---------__-shy

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ATTENDANCE

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001AIgtoenl 1shyDays Tardy 3(2 Days 011 Roll bull___ ___ bullbull _9~QL

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~ __su_m_~~~ool~~~__D_y~_Dnu o1UHlllltH)IlC bullbull______

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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

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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 ~

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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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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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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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-

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 39: Paulding County Trial Record Part Three

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

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06) 23012203006 LiTERATUREmiddot t (Stiphins] vearA~8Pniij_ Report 9wkG e SernesIwr A11118118

~ 6i 68 B5

~ iII

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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

~-

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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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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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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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

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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

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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

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

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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

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 40: Paulding County Trial Record Part Three

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

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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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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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~

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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

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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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 41: Paulding County Trial Record Part Three

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

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

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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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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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

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

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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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 42: Paulding County Trial Record Part Three

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

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

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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~

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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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

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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

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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 43: Paulding County Trial Record Part Three

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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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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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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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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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-

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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

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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

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 44: Paulding County Trial Record Part Three

_____

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

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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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

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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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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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

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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

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

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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

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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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 45: Paulding County Trial Record Part Three

~-

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

----------------~----------

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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

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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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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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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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

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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 46: Paulding County Trial Record Part Three

~~~~~~--------~---~-----------------------

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

----------------~----------

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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

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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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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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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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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-

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 47: Paulding County Trial Record Part Three

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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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

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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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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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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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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-

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 48: Paulding County Trial Record Part Three

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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

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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

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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

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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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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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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

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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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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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 49: Paulding County Trial Record Part Three

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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

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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

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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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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-

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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

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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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 50: Paulding County Trial Record Part Three

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

bttpsImailgooglecomlmaillui=2ampik=04590St287 ampview=attampth 12a3d943cad77b5aampdi 8412010

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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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

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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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=-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

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

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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 51: Paulding County Trial Record Part Three

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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

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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

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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~

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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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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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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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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

z )raquo -lt

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=-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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 52: Paulding County Trial Record Part Three

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

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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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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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265

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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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266

--

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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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

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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

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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

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22 HERE

DEFENDANT SMITH-LONE CAN SHE CERTIFY THAT COpy

23 THE COURT SURE

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25

DEFENDANT SMITH-LOWE OKAY

THE COURT SHE MAY HAVE TO DO IT DOWNSTAIRS BUT

18

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 53: Paulding County Trial Record Part Three

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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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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~

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-

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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

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

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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 54: Paulding County Trial Record Part Three

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

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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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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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 55: Paulding County Trial Record Part Three

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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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 56: Paulding County Trial Record Part Three

---------

~--------

~ 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

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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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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

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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

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

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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 57: Paulding County Trial Record Part Three

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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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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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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

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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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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

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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

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-

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 58: Paulding County Trial Record Part Three

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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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(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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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

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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 59: Paulding County Trial Record Part Three

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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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(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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269

Page 24 of43 Qrnail Images in Fwd Court Docs

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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

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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

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

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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

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 60: Paulding County Trial Record Part Three

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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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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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 61: Paulding County Trial Record Part Three

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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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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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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

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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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 62: Paulding County Trial Record Part Three

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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

Gmail-Images in laquoFwd Court Docs 4igt -

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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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Page 22 of 43Gmail - Images in Fwd Court Docs

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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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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-

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 63: Paulding County Trial Record Part Three

Page 14 of43GmaH- Images in Fwd Court Docs

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

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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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

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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 64: Paulding County Trial Record Part Three

~~

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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

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

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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

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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 65: Paulding County Trial Record Part Three

--

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

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

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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

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

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 66: Paulding County Trial Record Part Three

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

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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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269

Page 24 of43 Qrnail Images in Fwd Court Docs

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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

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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

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

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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-

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 67: Paulding County Trial Record Part Three

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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 68: Paulding County Trial Record Part Three

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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 69: Paulding County Trial Record Part Three

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 70: Paulding County Trial Record Part Three

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

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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

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 71: Paulding County Trial Record Part Three

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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)

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 72: Paulding County Trial Record Part Three

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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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 73: Paulding County Trial Record Part Three

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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

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 74: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 75: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 76: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 77: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 78: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 79: Paulding County Trial Record Part Three

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

  • Certificate of Service
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 80: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 81: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 82: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 83: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 84: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 85: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE
Page 86: Paulding County Trial Record Part Three

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
  • PLAINTIFFS RESPONSE TO DEFENDANTS MOTION13TO SET ASIDE MOTION FOR NEW TRIAL AND RENEWAL OF13REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CON1lNUING13FRAUD COMMmED BY ATTORNEY MARTIN E VALBUENA
  • 20110307 RULE NISI The above case is hereby set for hearing on defendants Motion to Set Aside
  • 20110406 ORDER Defendants Motion to Set ASide Motion for New Trial and Renewal of Requestfor Rule 12 Sanctions Based Upon the Continuing Fraud Committed by AttorneyMartin E Valbuena is Denied
  • Court of Appealsof the State of Georgia discretionary appeal granted
  • ATTORNEYS LIEN Mike Lowe
  • Franklin PD
  • MOTION TO SET ASIDE ORDER
  • The within c~ Is hereby dismissed without prejudice for lack prosecutionThis 9th day of December 2008
  • TRANSCRIPTS MOTION TO SET ASIDE