Paulding County Trial Record Part Two

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Transcript of Paulding County Trial Record Part Two

--- 1FIf. f[) !lJ i-' 1J1. " 0t:"!}CE I i PM?' '.IN THE SUPERIOR COURT OF PAULDING COUNTY STATE OF GEORGIA 1/ ". 25 MICHAEL L. LOWE, ) r.: : -"'{) Plaintiff, ) v. ) CIVIL ACTION FILE ) NO.OSCV-1l24-JO ELISA M. LOWE, ) ) Defendant. ) NOTICE OF FILING OF COpy OF COURT TRANSCRIPT COMES NOW, ELISA M. LOWE, the Defendant in the above styled actions and files Ihis Notice ofFiling of Copy ofCourt Transcript pursuant to Rules of the Superior Court ofGeonga Rule S.2. "Filing Requirements" and O.C.G.A. 9-1 1-29. I(aX3). As the custodian for the trial transcript ofa hearing conducted in the Superior Court of Coweta County on January 6, 2011 before the Honorable Quillian Baldwin, Superior Court Judge, I file a copy of the trial transcript with this Honorable Court. Said transcript contains relevant evidence, testimony, judicial guidance and direction that directly bears upon thejurisdictional issue that your Defendant has repeatedly brought to this Honorable Court's attention. This transcript of the proceedings of January 6, 2011 is necessary for a pretrial and post-trial matters before the Court and said material has not previously been filed under some other provision of this O,C.GA 9-11-29,1. WHEREFORE, the Clerk ofCourt shall file said copy ofthe Coweta Superior Court official court transcript as plitt ofthe above-captioned case, said document being attached 10 this pleading, and make it an official part Court Records maintained by the Clerk ofthe Superior Court ofPaulding County for the above-captioned case. Respectfully submitted, ProSe 279 Crossroads Estates Road Newnan, OA 30265 (404) 704-7058 159 .I ...~ -"'-.,./......./ Rules lind Law on FWng Depositions and olber Evidenee Rule S.2. "Filing RequiremenlS" When depositions and other discovery material must be flied with court; custodian until tiling (I) Depositions and other original discovery material shall not be filed with Ihe coun unless or unlil required by the provisions ofOCGA 9-11-29.1(8)(1) (5). 9-11-29.1. When depositions and other discovery material must be filed with court; custodian until tiling (II) Depositioos and other discovery material otherwise required to be flIed with the court under this chapter shall not be required 10 be so filed unless: (\) Required by local rule ofcourt; (2) Ordered by the court; (3) Requested by any party to the action; (4) Relief relating to discovery material is sought under this chapter and said material has nOI pIeViously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or (5) Such material is to be used al lrial or is necessary to a prelrial or posttrial motion and said material has not previously been filed under some other provision ofthis chapter, in which event the portioos to be used shall be filed with the clerk of the court at the OUISet ofthe trial or at !be filing of the motion, insofar as their use can be reasonably anticipated by !be parties having custody thereof, but a party attempting to file and use such material which was not filed with the clerk at the outset ofthe trial or at the filing ofthe motion shall show 10 the satisfaction ofthe court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings. (b) Until such lima as discovery material is filed under paragraphs (I) through (5) ofsubsection (a) of this Code section, the original of all depoSitions shall be retained by !be party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof. 160 IN THE SUPERIOR COURT OF COWETA COUNTY STATE OF GEORGIA ELISA LOWE, ) ) Plaintiff, ) ) vs. ) ) CASE NO. 2010-V-1534 ) MICHAEL LOWE, ) ) Defendant. ) _________________________) HEARING AND ORDER JANUARY 6th, 2011 COWETA COUNTY COURTHOUSE NEWNAN, GEORGIA HONORABLE A. QUILLIAN BALDWIN, JR., PRESIDING * * * APPEARANCES OF COUNSEL: FOR THE PLAINTIFF: PRO SE FOR THE DEFENDANT: MARTIN ENRIQUE VALBUENA ATTORNEY AT LAW DALLAS, GEORGIA --------------------------------------------------------------- DEBORAH SHIELDS MASON, CCR REGISTERED PROFESSIONAL REPORTER PO BOX 1241 CARROLLTON, GEORGIA 30117 770-830-8307 2 1 A P P E A R A N C E S 2 FOR THE PLAINTIFF: PRO SE 3 4 FOR THE DEFENDANT: MARTIN ENRIQUE VALBUENA ATTORNEY AT LAW 5 113 VILLAGE WALK SUITE B 6 PO BOX 1125 DALLAS, GEORGIA 30132 7 TEL: 770-443-2204 FAX: 770-443-6613 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 (NEWNAN, GEORGIA; COWETA COUNTY; January 6th, 2011.) 2 P R O C E E D I N G S 3 THE COURT: Ms. Lowe, the deal is if you have it 4 reported, you're going to have to share in what we call 5 the take-down fee. I don't know exactly -- we never know 6 how much that's exactly going to be because she doesn't 7 know how long we're going to be in here doing this. But 8 can you give her an idea, Debby? 9 COURT REPORTER: Yes. It's like around $43 an hour.10 THE COURT: Do you want to participate in that?11 MS. LOWE: Yes, sir.12 THE COURT: Is this a motion for contempt; is that13 what it is?14 MS. LOWE: Yes, sir. 15 THE COURT: You're not represented?16 MS. LOWE: No, sir.17 THE COURT: I tell you what. Let's do this.18 Mr. Valbuena, since you're the only lawyer in this,19 how about swearing them both?20 MR. VALBUENA: Okay. You both stand up and raise21 your right hand.22 ELISA LOWE AND MICHAEL LOWE, 23 (Whereupon, after having been duly sworn upon an oath, 24 were examined, and testified as follows:) 25 THE COURT: Ms. Lowe, tell me why you want to hold 4 1 Mr. Lowe in contempt. 2 MS. LOWE: Sir, there's a large amount of child 3 support that's owed. He also, these are things that he 4 has already actually been found in contempt in previous 5 orders of this Court. He owes a large amount of money in 6 IRS debt that he was ordered that he has not paid. He 7 deliberately did not pay the payment on our house, which 8 was also in a foreclosure. He was found in contempt of 9 that but never paid. And he just continues to not abide10 by this Court's orders.11 This Court has become furious with him so much that12 even Judge Smith handwrote the order from the bench asking13 him to pay $50,000 or go to jail. He did not.14 THE COURT: Judge who?15 MS. LOWE: Judge Smith, Senior Judge.16 THE COURT: Are you talking about Byron Smith?17 MS. LOWE: Yes, sir.18 MR. VALBUENA: Yes, Judge. There's earlier cases19 that he was involved in and heard and issued rulings in.20 MS. LOWE: The other thing is that I've got a21 jurisdictional issue. I just want the Court to enter a22 declaratory judgment stating that you had continuing23 jurisdiction over our case because there was still, he had24 filed an order for us to change custody in 2004. And it25 was still pending in this Court when they -- they started 5 1 one here in 2004 about a hearing, an ex-parte order. As 2 soon as we -- the judge vacated the order. It had never 3 been filed. I had the kids returned to me. 4 In 2008, in March of 2008 while the case was still 5 pending in this Court, they had another ex-parte or 6 emergency custody order entered in Paulding County. They 7 had to verified the complaint that there were no orders 8 pending. There was no case pending and that no other 9 court had interest in our case. They had that order10 signed on March the 4th in 2008. And although I had moved11 to Tennessee and although Mike had been with the boys12 twice -- in fact, he had been with them two days previous13 to this order being signed, he had had them for the14 weekend. I had brought them here for the weekend. They15 said in the order or in their pleadings that they had that16 I had not brought the kids back to see him since I had17 moved, which was a misrepresentation of the truth.18 Then on March the 24th after I had also brought the19 boys back to him for Spring break to see them also and20 then after Spring break and promised to return I have21 e-mails and whatnot, and they even state that they admit22 to doing that, that he just did not meet me to bring the23 boys back. I went to his house. I picked the boys up,24 and when the next day they were in school and the boys25 went -- I was waiting for the boys to get off of the bus, 6 1 and there were no boys. I got very upset. Started 2 calling around and talked to the transportation 3 department, blah, blah, blah. The next thing I know I 4 have the police calling me and telling me I need to come 5 to the police station to talk about the kids, and the boys 6 were there. 7 I went to the police station and found out that the 8 police had been to the boys' school. Picked the boys up. 9 Held them in their custody until Mike could drive from10 Georgia to Franklin, Tennessee to pick them up. They had11 me arrested. I was in jail for four days. I had never12 been served with any sort of order or any sort of order13 tha