1 martin metkovich (estate) case no. 08cepr01119 · 1 martin metkovich (estate) case no....

Dept. 303, 9:00 a.m. Tuesday, May 22, 2012

1 Martin Metkovich (Estate) Case No. 08CEPR01119 Atty Helon, Marvin T. (for Marlene Metkovich-Cotton – Daughter – Executor – Petitioner)

(1) Second and Final Account and Report of Executor and (2) Petition for its

Settlement, for Allowance of Statutory and Extraordinary Fees, Reimbursement of

Costs, and for (3) Final Distribution (Prob. C. 10831, 10951 & 11640)

DOD: 10-16-08 MARLENE METKOVICH-COTTON, Executor

with full IAEA without bond, is Petitioner.

Account period: 10-1-10 through 1-31-12

Accounting: $ 1,023,952.11

Beginning POH: $ 952,996.80

Ending POH: $ 455,847.26

($290,147.26 cash, real property and

various vehicles)

Executor: $12,593.75

(Balance of statutory fee $24,093.75)

Executor Costs: $3,927.66 (Itemized

mileage totaling 6,253 miles to and from

estate for administration)

Attorney: $12,593.75

(Balance of statutory fee $24,093.75)

Attorney (Extraordinary): $2,320.00

Attorney Costs: $853.50 (filing fees,

certified copies, recording fees)

Closing: $10,000.00

Distribution pursuant to Decedent’s will

and equalization for payment to

Franchise Tax Board:

Marlene Metkovich-Cotton (Equalization):

$874.00

Marlene Metkovich-Cotton: $123,492.30

plus a 50% undivided interest in the real

property and various vehicles

Patsy Beal: $123,492.30 plus a 50%

undivided interest in the real property

and various vehicles

NEEDS/PROBLEMS/COMMENTS:

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

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Letters 12-18-08

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 5-16-12

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 - Metkovich

1


2 Eliseo Alonso (Estate) Case No. 10CEPR00676

Atty Denning, Stephen M. (for Carolina Secundino – Spouse – Administrator – Petitioner)

(1) First and Final Account and Report of Administrator of the Will and (2) Petition

for Its Settlement, and for (3) Final Distribution (Prob. C. 10900, 10951)

DOD: 3-21-09 CAROLINA SECONDINO, Spouse and

Administrator with Full IAEA without

bond, is Petitioner.

Petitioner states the estate is insolvent.

No Inventory and Appraisal was

completed because no assets have

come to Petitioner’s knowledge or

possession. Therefore, there is no

property to be distributed.

Administrator – Waived

Attorney – Waived

Petitioner requests an Order that:

1. Administration be brought to a

close;

2. The first and final account be

settled, allowed, and approved

as filed;

3. Distribution of any other property

of the decedent or the estate

not now known or discovered be

made to the persons entitled to

it, as set forth in this petition; and

4. Such further orders as the Court

considers proper


CONTINUED TO 7-3-12 Per Attorney Denning request

1. Petitioner does not state

whether notice was sent to

the Franchise Tax Board per

Probate Code §9202(c).

Note: Petitioner states that no

California taxes are due, but

does not indicate that notice

occurred. Need clarification.

Aff.Sub.Wit.

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Inventory X

PTC X

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CI Report

9202

Order



UCCJEA Updates: 5-18-12


FTB Notice X File 2 - Alonso

2


3 Margaret Irene Blesh (Estate) Case No. 10CEPR00944

Atty Cooper, Joseph D. (for Petitioner/Adminstator Shelby Benson)

(1) Administrator's Petition for Waiver of Accounting, (2) Statutory Attorney Fees,

and (3) Final Distribution Under Probate Code 11600

DOD: 5/11/2006 SHELBY BENSON, Administrator with

bond of $154,000.00, is petitioner.

Accounting is waived (see note #2)

I & A $189,531.84

Administrator - waives

Attorney - $6,685.96

(statutory)

Costs - $1,218.84

Distribution, pursuant to intestate

succession, is to:

Shelby Benson - 1/3

Catherine Laurie - 1/3

David Blesh - 1/3


1. Petition is not verified. Probate

Code §1021.

2. Beneficiary Catherine Laurie

died on 1/26/2010, after the

decedent. Pursuant to Probate

Code 10954(b)(5) if the person

entitled to distribution is an

estate, the waiver of account

shall be executed by the

personal representative of the

estate. The waiver of account

was signed by Gerald Laurie on

behalf of Catherine Laurie.

Need (probate) Letters giving

Gerald Laurie authority to waive

on behalf of the Estate of

Catherine Laurie.

3. Petition states distribution has

been made of all the assets of

the estate to the three

beneficiaries. Probate Code

§11623 states the personal

representative may petition the

court for authority to make

preliminary distributions.

However the aggregate of all

property distributed shall not

exceed 50% of the net value of

the estate. In this case the

Petitioner did not petition the

court for authority to make

preliminary distributions.

Please see additional page

Cont. from

Aff.Sub.Wit.

Verified X

✓ Inventory

✓ PTC

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Aff.Mail X

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Letters 5/12/11

Duties/Supp

Objections

Video

Receipt

CI Report

✓ 9202

Order X

Aff. Posting Reviewed by: KT

Status Rpt Reviewed on: 5/17/12

UCCJEA Updates:


FTB Notice X File 3 - Blesh

3


3 (additional page) Margaret Irene Blesh (Estate) Case No. 10CEPR00944

NEEDS/PROBLEMS/COMMENTS (continued):

4. Petition states 1/3 of the estate was distributed to Catherine Laurie. Catherine Laurie died after

the decedent. Court may require more information regarding distribution to this deceased

beneficiary.

5. Petition requests reimbursement of costs to attorney totaling $1,218.84. Need itemization of

costs.

6. Petition does not contain a statement regarding if notice to the Franchise Tax Board was

performed, as required by Probate Code 9202(c)(1).

7. Need Notice of Hearing.

8. Need proof of service of the Notice of Hearing on all interested parties.

9. Need Order.


4 Josephine Diaz (Special Needs Trust) Case No. 11CEPR00138 Atty Barron, Richard B. (for Petitioner/Trustee Perine & Dickens Professional Fiduciaries)

Atty Matlak, Steven (for Objector Janie Jimenez)

Petition of Trustee for Approval of First Account Current, for Approval of

Trustees' Fees and for Authorization to Compensate Counsel for the Trustee

PERINE & DICKENS PROFESSIONAL

FIDUCIARIES, Trustee, is petitioner.

Account period: 4/1/11 – 1/31/12

Accounting - $228,402.70

Beginning POH- $0

Ending POH - $161,984.16

Attorney - $3,814.10 (per

itemization and declaration, 20.4 hour

@$225-235/hr)

Trustees - $10,854.00 (Trustees

are allowed to pay themselves for

services rendered at $120 per hour not

to exceed $1,500.00 per month. Trustees

have received $10,680.00 therefore

have an outstanding balance due of

$174.00)

Current bond is $270,091.70. Petitioner

request bond be reduced to $200,000.

Petitioner prays for an Order:

1. Settling Trustee’s First Account and

allowing, confirming and approving

all acts and transactions set forth

herein;

2. Approving fees received by the

Trustees through 1/31/12 and

authorizing the additional sum of

$174.00;

3. Reducing the bond to $200,000.00;

4. Authorizing Trustees to pay their

attorneys the sum of $3,814.00 for

attorney fees and costs.

Please see additional page


1. Attorney costs include

copy, postage and fax

charges totaling $31.10.

Pursuant to Local Rule

7.17B the above costs are

considered by the court to

be a part of the cost of

doing business and are not

reimbursable.

Note: A status hearing will be

set for the filing of the second

account as follows:

Friday, April 5, 2013 at 9:00

a.m. in Department 303, if

a one year account is due,

or;

Friday, April 4, 2014 at 9:00

a.m. in Department 303, if

a two year account is due.

Pursuant to Local Rule 7.5 if

the second account is filed 10

days prior the date set the

status hearing will come off

calendar and no appearance

will be required.

Cont. from 042312,

051312

Aff.Sub.Wit.

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Letters Duties/Supp

✓ Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 4 - Diaz

4


4 (additional page 1 of 2) Josephine Diaz (Special Needs Trust)

Case No. 11CEPR00138

Declaration of Christopher Kennedy in Support of Petition of Trustee for Approval of First Account

filed on 4/20/12 states Josephine Diaz is totally disabled and lives in the home of her sister and

brother-in-law. Because of her disability, Ms. Diaz is dependent on others to purchase all of her

personal items for her. For reasons of economy, the practice used by the Trustee in this case has

been to rely upon Mr. and Mrs. Jimenez to purchase Ms. Diaz’s personal items and then to

reimburse them. The check was issued to Ms. Jimenez to reimburse for miscellaneous purchases

made. The single largest item was for massage therapy provided to Ms. Diaz by Consuela

Valencia. Copies of receipts are attached.

Objections to Petition of Trustee for Approval of First Account filed by Janie Jimenez on 4/20/12.

Objector states she is the sister of Josephine Diaz, beneficiary. The beneficiary has lived in

Objector’s home for more than 15 year and Objector is her full-time caretaker. The beneficiary

requires 24 hour care and supervision and requires a wheel chair for mobility.

As indicated in the accounting the Trustee was authorized and instructed by the Court to expend

up to $71,436.07 of Trust funds to modify the master bathroom, install new flooring, construct

wheelchair ramps in the Jimenez home and construct a storage shed in order to accommodate

the Beneficiary’s wheelchair and other equipment for her special needs.

The Accounting reports payments to Dan’s construction in the amount of $33,796.00 for

improvements made to the home through January 31, 2012. Ms. Jimenez believes that significant

additional payments have also been made after the accounting period based on statements by

the Trustee to her that there is only $5,000 left for the construction project. Ms. Jimenez has asked

the Trustee to provide her with all of the contracts, bills and any paperwork in connection with the

work being done on her home, but the Trustee has not yet provided any of this information to her.

Ms. Jimenez believes that even the $33,796 that has been paid to Dan’s Construction is

unreasonable. She estimates that the project is only about 20% complete. Moreover, the work

completed was poorly done and with the cheapest building materials. As a result, several repairs

are already required. Ms. Jimenez estimates that the construction work completed on her home

thus far is only worth an estimated $8,000 - $10,000.

Ms. Jimenez believes the Trustee has been unhelpful in holding Dan’s Construction accountable for

completing the work it was hired to do. When Ms. Jimenez shared her concerns with the Trustee,

one of the Trustees simply replied, “It is what it is.”

Wherefore, Janie Jimenez prays for an Order as follows:

1. Directing the Trustee to file an Amended First Account and Petition to Settle the First Account to

address the deficiencies set forth above.

2. Directing the Trustee to provide Ms. Jimenez with any and all paperwork related to the

construction project, including, without limitation, contracts, bills, and any written

communication with Dan’s Construction.

3. Surcharging the Trustee for any breaches of fiduciary duty arising out of it conduct in

connection with the construction project.

4. For attorney fees and costs.


4 (additional page 2 of 2) Josephine Diaz (Special Needs Trust)

Case No. 11CEPR00138

Response to Objection to Petition of Trustee for Approval of First Account Current filed by Perine &

Dickens Professional Fiduciaries on 4/27/12 states as of the current date, the Trustee has paid a

total of $66,495.90 for work authorized by the court. Of this amount $59,796.00 was disbursed to

Dan’s Construction. Copies of all contracts were provided to Mrs. Jimenez on April 23, 2012.

In stating that the work completed so far is worth an estimated $8,000 to $10,000, Mrs. Jimenez is in

error. Ad of this date, Dan Arce, has constructed a new handicap ramp to the front door,

widened the front door of the home, completely remodeled the master bathroom to make it

handicap accessible and constructed a new storage shed in the backyard with a concrete walk.

All work completed to date has been inspected and approved by the building inspector for the

City of Fresno. In addition, the contractor has purchased floor tile for installation throughout the

house and specially constructed extra wide doors.

The work on the home that has not been completed at this time consist of the widening of two

interior doorways, installation of two interior doors and the installation of approximately 1,300

square feet of floor tile throughout the home.

Mr. Arce was unable to complete the remaining work because Mr. Jimenez instructed the trustee

that he would not allow Mr. Arce back into the home. At this time, the Trustee advised Mr. Jimenez

that he would allow Mr. Jimenez to hire a new contractor, but that the Trust would only pay the

balance of the undisbursed amount previously approved by the court and that Mr. Jimenez would

be responsible for any additional balance.

At the conclusion of the court hearing of April 23, the Trustee met with Mrs. Jimenez and her

counsel. In the opinion of the Trustee, all of the items mentioned are ordinary punchlist items which

Mr. Arce had previously indicated he is willing to repair if allowed to do so by Mr. and Mrs. Jimenez.

The transition between the master bathroom and the hallway is abrupt because Mr. and Mrs.

Jimenez did not allow Mr. Arce to complete the installation of the tile in the hallway.

Trustee states, it would be inappropriate for the court to appoint Mr. or Mr. Jimenez as Guardian Ad

Litem in this matter. Although Mr. and Mrs. Jimenez provide a home and very valuable services to

Josephine Diaz, they have a separate and distinct financial stake in this dispute which makes it

impossible for them to serve as Guardian Ad Litem without a conflict of interest. Since the contract

that is the subject of this objection involves the construction of improvements on the Jimenez

home, they have a financial interest in maximizing the quality of the improvement, even if the

financial cost to the trust is excessive. Thus, if the court should conclude that Mrs. Jimenez’s

complaints bear further investigation, the Trustee requests that the court initially request an

investigation by a Court Investigator to determine if there is in fact sufficient basis to appoint a

Guardian Ad Litem.


5 Byrum C. & Wanda H. Bingham Trust (Trust) Case No. 11CEPR00918 Atty Rindlisbacher, Curtis D. (Guardian ad Litem for Conservatee Byram Bingham)

Petition for Compensation of Guardian Ad Litem and Reimbursement of Costs

[Prob. C. 1003(c)]

CURTIS D. RINDLISBACHER, Court-appointed

Guardian ad Litem for Byram Bingham

(DOD 3-19-12), is Petitioner.

Petitioner requests fees in connection with

his representation of Mr. Bingham and asks

that he be paid from the trust for 13.10

Attorney hours @ $310.00/hr plus 1.20

Paralegal hours @ $100.00/hr for a total of

$4,181.00, plus $395.00 in filing costs.

Services are itemized by date and include

review of documents, visits to Mr. Bingham,

analysis of the trust instrument, legal

research regarding issues raised by a

conditional acceptance by Wells Fargo

Bank, correspondence to counsel for two

co-trustees regarding concerns and

encouraging resolution as opposed to

expensive litigation. Petitioner has also

expended time to prepare this petition and

appear at the hearing.


Note: Petitioner was Court-

appointed to represent

Mr. Bingham on 10-21-11 in the

Conservatorship Case #

11CEPR00950 and was Court-

appointed as Guardian ad

Litem for Mr. Bingham in this

Trust case # 11CEPR00918 on 2-

23-12.

Aff.Sub.Wit.

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9202

Order



UCCJEA Updates:


FTB Notice File 5 - Bingham

5


6 Wanda H. Bingham (CONS/PE) Case No. 11CEPR00949 Atty Roberts, David A. (for David J. St. Louis – Conservator)

Status Re: Filing of Receipt from blocked account

DAVID J. ST. LOUIS was appointed

Conservator of the Estate on 4-24-12

without bond, funds to be placed in

blocked account. Letters issued on

4-25-12.

At the hearing on 4-24-12, the Court

set this status hearing for filing of

Receipt for blocked account.

On 4-30-12, the Court signed an

order authorizing deposit of

$324,061.57 into a blocked account.

As of 5-17-12, no receipt for blocked

account has been filed.


Note: Co-Trustee Wells Fargo Bank

stated that it is believed that Mrs.

Bingham holds assets of

approximately $300,000.00

outside of her trust assets. Wells

Fargo agrees that a

conservatorship of the estate is

necessary and has no objection

to Mr. St. Louis being appointed

as such as long as Mrs. Bingham

continues to be represented by

Deborah Boyett as guardian ad

litem in the trust proceeding and

court appointed counsel for Mrs.

Bingham in the conservatorship of

the person matter.

1. Need receipt for blocked

account.

Aff.Sub.Wit.

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CI Report

9202

Order


Status Rpt X Reviewed on: 5-17-12

UCCJEA Updates:


FTB Notice File 6 - Bingham

6


7 Diane S. Olson (Estate) Case No. 12CEPR00338 Atty Roberts, David A. (for William R. Johnston II – cousin/Petitioner)

Petition for Probate of Will and for Letters Testamentary; Authorization to

Administer Under IAEA (Prob. C. 8002, 10450)

DOD: 07/15/11 WILLIAM R. JOHNSTON II,

cousin/named Executor without

bond, is Petitioner.

Full IAEA – OK

Will dated 03/05/02

Residence: Firebaugh

Publication: Firebaugh-Mendota

Journal

Estimated Value of the Estate:

Personal property - $230,000.00

Real property - 120,000.00

Total - $350,000.00

Probate Referee: STEVEN DIEBERT


Cont. from

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Aff. Posting Reviewed by: JF


UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 7 - Olson

7


8 Barbara Lorene Scharton (Estate) Case No. 09CEPR00512 Atty Mayfield, Lori or Wall, Jeffrey L. (for Christopher Lee Fulbright – Administrator) Further Status Hearing

DOD: 5-4-09 CHRISTOPHER LEE FULLBRIGHT, brother, was appointed Administrator with Will Annexed with full IAEA without bond on 7-28-09. On 5-5-11, the first account was settled and the court set this hearing for further status of the estate. Status Report filed 6-16-11 states the estate is not in a condition to be closed. Decedent’s sole beneficiary is her mother, Mickey Fulbright, who is subject to conservatorship and receives Medi-Cal assistance. An attorney has been retained to assist with her Medi-Cal planning and obtaining approval of an irrevocable trust in her conservatorship proceedings. Additional time for administration of the estate is needed to obtain ruling in the conservatorship proceedings. It has been requested that no assets be distributed to Mickey Fulbright until these matters have been resolved. Minute Order 6-30-11 states: Counsel advises the Court that they are very close in the Conservatorship of Mickey. Minute Order 10-27-11 states: No appearances. Matter continued to 11-9-11. Minute Order 11-9-11 states: No appearances. Matter is continued to 1-11-12. Minute Order 1-11-12 states: Continued to 2-22-12.

NEEDS/PROBLEMS/COMMENTS: Note: Page 2 is a Petition for substituted judgment in the conservatorship case. Minute Order 4-30-12: Matter continued to 6-14-12 at request of counsel. As of 5-16-12, nothing further has been filed in this case.

Cont. from 063011, 102711, 110911, 011112, 022212, 043012

Aff.Sub.Wit.

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9202 Order Aff. Posting Updates:

Status Rpt X Contacts: Reviewed 5-16-12

UCCJEA Recommendation:

Citation Reviewed by: skc

FTB Notice File 8 - Scharton

8


9 Haelee Saenz, Joel Saenz and Jaylon Saenz (GUARD) Case No. 03CEPR01547

Atty Saenz, Christa (pro per Petitioner/Maternal aunt)

Atty Saenz, Grace (pro per Petitioner/Maternal grandmother)

Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Haelee age: 10

years

DOB: 2/15/2002

THERE IS NO TEMPORARY Temporary was denied on 2/14/12.

GRACE SAENZ and CHRISTA SAENZ, maternal grandmother and aunt, are Petitioners.

Father (Haelee): MICHAEL D. FELICIANO - Not listed on Petition; however, Court records indicate a child support (paternity) judgment against Michael D. Feliciano for Haelee.

Father (Joel): NOT LISTED

Mother: DOROTHY SAENZ

Paternal Grandfather: Not listed – notice dispensed with per minute order dated 4/3/12. Paternal Grandmother: Not listed– notice dispensed with per minute order dated 4/3/12 Maternal Grandfather: Not listed– notice dispensed with per minute order dated 4/3/12

Petitioners state that Mother is currently in Fresno County Jail on child abuse charges and the children need to be in a safe environment. Petitioners state an emergency 300 hold was placed on the children but it was determined that no petition would be filed and Petitioners are the safest environment for the children.

Court Investigator Charlotte Bien’s Report filed on 3/19/12.


This Petition is as to HAELEE and

JOEL ONLY. Petition as to Jaylon

was dismissed by minute order

dated 4/3/12.


2. Need proof of personal service

of the Notice of Hearing along

with a copy of the Petition or

Consent and Waiver of Notice

or Declaration of Due

Diligence on:

a. Dorothy Saenz (mother)

b. Michael D. Feliciano

(Haelee’s father)

c. Unknown father of Joel

3. UCCJEA is incomplete. It does

not include the dates of

residency for the minors for the

past 5 years.

4. Confidential Guardian

screening form for both

Petitioners is incomplete.

Gracie’s form does not include

any identifying information at

#1 such as name, date of

birth, social security number

etc. She also did not answer

questions 14, 15 and 16.

Christa’s form is not answered

at questions 5 and 12.

Joel age: 6 years

DOB: 4/25/2005

Jaylon age: 9 mo.

DOB 6/11/11

Cont. from 040312

Aff.Sub.Wit.

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Receipt

✓ CI Report

9202

✓ Order



✓ UCCJEA Updates:


FTB Notice File 9 - Saenz

9


10 Serenity Arias & Blake Valdez (GUARD/P) Case No. 10CEPR00872

Pro Per McFadden, Jaimie (Pro Per Petitioner, mother)

Atty Lor, Pahoua C., sole practitioner (for Co-Guardians Teresa Morales and Marcelino

Morales) Petition for Visitation

Serenity Age: 7 years

DOB: 8/30/2004 JAIMIE McFADDEN, mother, is Petitioner.

TERESA MORALES paternal grandmother of minor

Serenity, and MARCELINO MORALES, paternal

step grandfather of Serenity, were appointed

Co-Guardians on 1/6/2011.

Co-Guardians were sent notice by mail on

5/2/2012.

FATHER of Serenity: STEVEN ARIAS; sent notice by

mail 5/2/2012;

FATHER of Blake: ALFREDO VALDEZ; Court

dispensed with notice on 1/6/2011 unless his

residence becomes known;

Paternal grandfather of Serenity: Abel Arias

Paternal grandparents of Blake: Unknown

Maternal grandfather: Thaddeus McFadden

Maternal grandmother: Beverly Kendrick; sent

notice by mail 5/2/2012;

Petitioner states:

The previous Court order regarding visitation

was to be made by “mutual agreement” and

arrangements made through Teresa Morales,

but this has failed to work;

At that time, when she was permitted to visit,

Teresa (Guardian) usually supervised

Petitioner’s visits at Teresa’s place of work,

and it was only an hour at a time;

The Morales have made it difficult for her and

her husband to visit, especially being

supervised, and currently they are not

allowing her or her husband to see the

children at all;

~Please see additional page~


Note: Minute Order dated

1/6/2011 from the hearing

on the Petition for

Appointment of Guardian

states in pertinent part that

the Court orders visitation

with the mother, Jaimie

McFadden by mutual

agreement. Arrangements

will be made through

Teresa Morales.

1. Need proof of mailed

service of the Notice of

Hearing with a copy of

the Petition pursuant to

Probate Code §§ 1460

and 1511 for the

following persons:

Abel Arias, paternal

grandfather of Serenity;

Paternal grandparents

of Blake;

Thaddeus McFadden,

maternal grandfather.

Blake Age: 8 years

DOB: 6/14/2003

Cont. from

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Order X

Aff. Posting Reviewed by: LEG


UCCJEA Updates: 5/21/12


FTB Notice File 10 – Arias & Valdez

10


First Additional Page 10, Serenity Arias & Blake Valdez Case No. 10CEPR00872

Petitioner states, continued:

The Morales have allowed a few phone calls, and when she speaks to the children on the phone, they

tell them that they miss them, and they can hear it in their voices;

Petitioner asks the Court to grant her more time with her children and that visits be unsupervised;

If possible, she is asking for every weekend starting at 5:00 pm on Friday evening and ending at 5:00 pm

on Sunday evening, and two nights a week she would like to pick the children up for an hour or two;

She is asking for holidays, and also to have them at her residence for 1 month at a time during the

summer, to be able to take them camping and fishing;

She is able to provide all transportation, since it seemed to be a problem in the past;

Her husband is employed and works 35 hours plus per week;

They now have a home for the kids to visit, and they would have plenty of room when they come over;

They are currently attending services for church at the Fortress of Truth in Visalia, and they’d love to take

the kids; it has filled a void in their lives;

They have made many mistakes, but are striving to get their lives back in order for the sake of themselves

and most of all their beautiful children.

Memorandum of Points and Authorities in Response to Jaime McFadden’s Request for Visitation filed by

Teresa Morales and Marcelino Morales on 5/18/2012 states:

Theresa Morales’ son, Steven Arias, is the biological father of Serenity;

The older child, Blake, is Jaimie McFadden’s son from a previous relationship and is Serenity’s half-

brother;

Ms. McFadden and Mr. Arias have another child together, Legend Arias, who is in their care;

Theresa Morales married Marcelino Morales (Co-Guardians) on 9/20/1997, and at the time they began

dating ~7 years ago, Blake was only 1 year old;

Throughout the time that Ms. McFadden and Mr. Arias have been together, they have struggled with

drug addiction and caring for their children;

In 2005, Theresa filed a guardianship petition for Serenity in Kings County Superior Court (Case #05P0035);

at the time of that petition, both Ms. McFadden and Mr. Arias were in custody on drug charges; Serenity

was only 5 months old when she came into the care of the Morales, and Blake was put into the care of

his maternal grandparents;

When Serenity was ~2 years old, Ms. McFadden petitioned the [Kings County] Court to terminate the

guardianship, and on 6/27/2007, the Court returned Serenity into Ms. McFadden’s care and granted the

Morales visitation rights;

In September 2010, the Morales petitioned the [Fresno] Court for guardianship of both Serenity and

Blake, and on 1/6/2011 the Court granted the Morales’ petition;

Immediately after leaving the courtroom [from the hearing on 1/6/2011, the parties discussed a visitation

schedule; visits were to be arranged by the parties (please refer to Exhibit 1, Declaration of Theresa

Morales);

The visits only commenced for ~2 months after 1/6/2011;



Second Additional Page 10, Serenity Arias & Blake Valdez Case No. 10CEPR00872

Memorandum of Points and Authorities in Response to Jaime McFadden’s Request, continued:

On one of the visits taking place on 2/14/2011, at Chuck E. Cheese, Ms. McFadden bit Serenity’s cheek

causing her to cry and the area to become red and inflamed (please refer to Exhibit 2, Declaration of

Joe Reyes);

Since that time, Ms. McFadden and Mr. Arias did not visit or contact the children until the early part of

2012;

Ms. McFadden has failed to demonstrate a change in circumstances warranting visitation because

although she alleges Mr. Arias is working, it is unknown when he started and how long he has been at this

job; she does not indicate anything that would lead a person to evaluate the stability of the home she

says she now has; and she has not put forth any evidence of their drug usage, and it is unclear if they are

still using drugs or if they are seeking appropriate care and intervention for their addiction;

Even if Ms. McFadden has demonstrated a change in circumstances, the visits would be detrimental to

the children given past visits; Ms. McFadden has not visited with the children in over a year, and the last

couple of visits resulted in the children saying disturbing things, including Serenity saying she was going to

burn in hell for having short hair;

In addition, when Ms. McFadden visited with the children on 2/14/2011 under adult supervision, she still

managed to elicit fear and pain in them by biting Serenity on the cheek and causing a red visible mark

to be left (see Declaration of Joe Reyes and photo attached as Exhibit 3);

All of this erratic behavior is not in the best interest of the children; in fact, it is harmful to their physical

and emotional well-being;

Based on the foregoing, Mr. and Mrs. Morales ask that no visitation be granted at this time;

In the alternative, if visitation is granted, Mr. and Mrs. Morales ask that the visits be supervised at an

agency, that the parties undergo drug testing and/or treatment, and psychological evaluations are

conducted on both Mr. Arias and Ms. McFadden in the best interest of the children.

Declaration of Theresa Morales attached to the Memorandum of Points and Authorities states:

As soon as they left the courtroom on 1/6/2011, Ms. McFadden and she agreed that visits could take

place at her workplace, and she agreed that she was willing to drive to Sanger to pick up the children

and return to Fresno so that the children could visit with Ms. McFadden and her son, Steve Arias;

Dates and summary of visits from 1/7/2011 to 1/14/2011 went well;

Visit on 1/17/2011 at Fashion Fair Mall: on this day, Joe Reyes accompanied the children and Ms. Morales

to the visit, and Ms. McFadden showed up with her infant son, Legend; for the first 20 minutes of the visit,

Ms. McFadden was on the phone talking with someone and did not interact with Blake or Serenity, and

Mr. Reyes ended up babysitting her son Legend because Ms. McFadden was occupied with her phone

call;

Visits from 1/22/2011 to 2/4/2011, were either cancelled by Ms. McFadden, she did not show up, or she

showed up late;

Ms. Morales cancelled the visit on 2/5/2011 because they had tickets to Ice Capades;

Visit on 2/14/2011 was at Chuck E. Cheese and Mr. Reyes took the kids to see Ms. McFadden, and she

ended up biting Serenity on the cheek (see photo attached as Exhibit 3);

On 2/19/2011 Ms. McFadden called for a visit but she told her there would be no visits because of what

happened at Chuck E. Cheese; Ms. Morales spoke to Ms. McFadden’s mother Beverly about this

situation, and Beverly agreed the visits should be stopped;



Third Additional Page 10, Serenity Arias & Blake Valdez Case No. 10CEPR00872

Declaration of Theresa Morales, continued:

Visit on 2/6/2012: She agreed to a visit with Ms. McFadden, Blake and Serenity at their maternal

grandmother’s; when the children returned from the visit, they starting talking about “going to hell,” and

Serenity stated her maternal grandmother told her she was going to hell because she cut her hair short;

Serenity cried the next day stating she was ugly because of her short hair, and obviously what was told

to her severely impacted her;

Easter Sunday 2012: They took the kids to Roeding Park to have lunch with Colby McFadden, who is Ms.

McFadden’s brother, and his significant other, Joe Reyes; Colby and Joe have been committed to one

another for many years; when they arrived at the park, Blake told Joe that he was not his uncle and that

Joe and Colby were “going to hell;” when she and Mr. Morales talked to the children about this, they

learned this was being told to them by Ms. McFadden and her mother, Beverly; the children also state

their mother was saying ”mean” things to them about the Morales;

She and Mr. Morales do not want to keep Ms. McFadden from seeing their children; however, they do

not believe the visits are in the best interest of the children; Ms. McFadden, injured her own child and

went almost a year without contacting them;

Ms. McFadden is not consistent and only visited with the children for the first couple of months after they

were appointed guardians;

She believes she and her husband have done everything possible to try to have the children maintain a

relationship with their parents; however, the visits are causing the children to act out, say mean things,

and are not consistent at all; this is causing much stress on us and the children;

She believes Ms. McFadden and Mr. Arias need to grow up and become more mature, and to undergo

parenting classes; if visitation is granted, they need to be supervised at an agency;

She believes Ms. McFadden and Mr. Arias need to undergo psychological evaluations and that they

need to be drug tested due to their past history of drug use;

She wants her grandchildren to flourish, and to maintain a relationship with their parents, but she needs

their parents to show her and everyone that they are responsible enough to handle visits.

Declaration of Joe Reyes attached to the Memorandum of Points and Authorities states:

He is known to Serenity and Blake as their uncle;

On 2/14/2011, Theresa Morales asked him to supervise a visit between Blake, Serenity and Ms. McFadden

at Chuck E. Cheese at 2:00 p.m.

He and the children waited for Ms. McFadden to arrive, which she finally did at 3:00 p.m.; the visit lasted

~1hour;

At the end of the visit, Blake and Serenity presented Ms. McFadden with Valentine’s Day cards; after

reading Blake’s card, Ms. McFadden reached down, hugged him and said “Thank you;”

When Ms. McFadden read Serenity’s card, she paused then demanded to know why Serenity had

written the words “Mommy Jaimie” on the front; Ms. McFadden became visibly angry and caused

Serenity to become afraid of her; Ms. McFadden kept on insisting that it must have been Theresa

Morales who told Serenity to write this, and Serenity insisted that it was not; Ms. McFadden became

enraged and pulled Serenity towards her and bit her on the right cheek, and Serenity began to scream

and cry; he immediately ended the visit and told Ms. Morales what happened at the visit; Serenity also

told Ms. Morales what happened.


11 Kaylee Huffstutler (GUARD/P) Case No. 11CEPR00356 Atty Huffstutler, Kyle (Pro Per – Father – Petitioner) Atty Mekhitarian, Karney Mark (for Julie Ann Weber – Guardian)

Petition for Modification of Visits

Age: 3 KYLE HUFFSTUTLER, Father, is Petitioner.

JULIE ANN WEBER, Maternal Great-Aunt, was appointed Guardian on 6-30-11.

Mother: SERENA FERRARO Paternal Grandfather: Brian Huffstutler Paternal Grandmother: Kathy Huffstutler Maternal Grandfather: Joseph Ferraro Maternal Grandmother: Sherri Thompson

Current visitation per Minute Order 6-30-11: The Court orders supervised visits between minor and father, Kyle Huffstutler for four hours a week at the Comprehensive Youth Services. Father to pay the cost for visits. Father is ordered to enroll and complete a parenting class and a twelve week anger management class, and submit proof of enrollment. Additionally, father is ordered to attend AA/NA three times a week beginning 7/1/11. To the extent that father is involved in a program that includes AA/NA, his attendance there will be deemed as fulfillment of the Court's order regarding AA/NA. Attorney Amy Lopez is directed to contact the Court and Mr. Mekhitarian if father does not enroll and complete the program(s) as ordered.

Petitioner requests to modify the visitation order due to his unemployment and the cost of visitation at an agency. Petitioner states he is no longer able to pay for agency visits and requests that his mother (Paternal Grandmother Kathy Huffstutler) be allowed to oversee the visits in the same time frames set forth on the previous order. The visits would take place at Petitioner’s grandmother’s house (Maternal Great-Grandmother Carolyn Middleton) in Coarsegold, CA. The cost of transportation to and from the visits would be provided by Paternal Grandmother Kathy Huffstutler at no cost to the Guardian. Petitioner states the Court has already granted the mother the same visitation order through her grandmother, and all he is requesting is the same so that he can continue to see his beautiful baby girl on a regular and consistent basis.

Petitioner provides documentation including Certificates of Achievement for two parenting programs and attendance documentation from Central California Recovery program.

NEEDS/PROBLEMS/ COMMENTS: Note: Petitioner filed this petition in pro per; however, Amy Lopez is his attorney of record pursuant to Substitution of Attorney filed 6-22-11. Note: There is a Domestic Violence Restraining Order protecting Mother from Father in 09CEFL07447 that expires 5-25-14. 1. Need Notice of Hearing.

2. Need proof of service of Notice of Hearing at least 15 days prior to the hearing on: - Julie Ann Weber (Guardian) - Serena Ferraro (Mother) - Brian Huffstutler (Paternal Grandfather) - Kathy Huffstutler (Paternal Grandmother) - Joseph Ferraro (Maternal Grandfather) - Sherri Thompson (Maternal Grandmother)

3. The Court may also require consent from Paternal Grandmother Kathy Huffstutler to this petition because Petitioner requests that she be ordered to pay for transportation.

4. The Court may also require consent from Paternal Great-Grandmother Carolyn Middleton because Petitioner requests the visits to occur at her home.

5. The Court may require that Petitioner provide the proposed address (Ms. Middleton’s home) for Court records.

DOB: 1-29-09

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

CI Report

9202 Order X



UCCJEA Updates:


FTB Notice File 11 – Huffstutler

11


12 Ryan Jacob Franklin-Powles, Christopher Allen Franklin-Powles, and

Mariah Lynn Proctor-Powles Case No. 12CEPR00157

Atty Powles, Vada Jean (pro per – maternal grandmother/Petitioner)


Ryan, 5

DOB: 09/07/06

NO TEMPORARY REQUESTED

VADA JEAN POWLES, maternal grandmother, is

Petitioner.

Father (Ryan and Christopher): CODI RYAN HEFLIN-

FRANKLIN

Father (Mariah): GARY D. PROCTOR, JR. – consent and

waiver of notice filed 02/15/12 – currently incarcerated

at Wasco State Prison

Mother: MIRANDA LYNN-POWLES – consent and waiver

of notice filed 02/15/12

Paternal grandparents: NOT LISTED

Maternal grandfather: CHRISTOPHER FRANKLIN POWLES,

SR.

Petitioner states that the parents gave her temporary

custody in writing before they disappeared. Petitioner

states that she has helped care for all three children

since birth and has their best interests at heart.

Court Investigator Julie Negrete’s report was filed

04/10/12.

Objection to Guardianship filed 04/18/12 by Codi

Heflin-Franklin, father states that the Petitioner is not fit

to care for the children. She has had child cruelty

charges pending against her in the past and the

paternal grandfather, as well as Petitioners new

boyfriend are registered sex offenders. Mr. Heflin-

Franklin states that he is very concerned for the safety of

the children while in the Petitioners care and he wants

the children to live with him. Mr. Heflin-Franklin states

that the mother’s family has isolated him from the

children and only allowed him to visit on rare occasions.

Mr. Heflin-Franklin states that he is worried about the

children, as every time he sees them they are in poor

condition, filthy, with soggy diapers and no clothes.

Court Investigator Julie Negrete filed a

Supplemental Report on 05/11/12.

NEEDS/PROBLEMS/COMMENTS: CONTINUED FROM 04/17/12 Minute order from 04/17/12 states: Also present in the courtroom is Ronald Clark. Examiner notes are provided to the Petitioner. The Petitioner is directed to cure the defects. As of 05/17/12, the following needs/problems remain: 1. Need Notice of Hearing. 2. Need proof of personal

service at least 15 days before the hearing of Notice of Hearing with a copy of the Petition for Appointment of Guardian of the Person or Declaration of Due Diligence or Consent and Waiver of Notice for: - Codi Heflin-Franklin (Ryan & Christopher’s father)

3. Need proof of service by mail at least 15 days before the hearing of Notice of Hearing with a copy of the Petition for Appointment of Guardian of the Person or Consent and Waiver of Notice or Declaration of Due Diligence for: - Christopher Franklin Powles, Sr. (maternal grandfather) - paternal grandparents

Christopher, 3

DOB: 11/29/08

Mariah, 2

DOB: 02/14/10

Cont. from 041712

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 12 - Powles

12


13 Pierce Jenkins (GUARD/P) Case No. 12CEPR00250 Atty Baker, Roland Gene (Pro Per – Great-Uncle – Petitioner) Atty Baker, Terri M. (Pro Per – Great-Aunt – Petitioner) Atty Banks, Heather M. (Pro Per – Second Cousin – Petitioner)


Age: 13 TEMPORARY EXPIRES 5-22-12 ROLAND GENE BAKER, TERRI M. BAKER, and HEATHER M. BANKS, Paternal Great-Uncle, Great-Aunt and Second Cousin, are Petitioners. Father: LLOYD JENKINS - Personally served 5-6-12 (without a copy of the petition per Probate Code §1511) Mother: DEBRA MISTIAL - Personally served 5-6-12 (without a copy of the petition per Probate Code §1511) Paternal Grandfather: Steven Linall Paternal Grandmother: Sherri Durst Maternal Grandfather: Unknown Maternal Grandmother: Unknown Minor Pierce Jenkins was personally served 5-6-12 (without a copy of the petition per Probate Code §1511). Petitioners state Pierce has been in an unstable and unsafe home with his father. Lloyd Jenkins has a short temper and a bad anger problem. Pierce is uncomfortable with his father. Petitioners want to be able to give Pierce the chance to have a good childhood, food in his belly, and a warm place to sleep where he feels safe and secure. For years his father dropped him off with Petitioners when it was convenient, and Pierce wants to live with them. For the past 6-9 months the father has rarely called to check on Pierce, and has stated it is Pierce’s responsibility to call him. One of the times he was in Coarsegold with his father, Pierce called and asked to come home, but his father made him stay until he was ready to take him later that night. The father gave Petitioners custodial responsibility for Pierce for school year 2011-2012. Court Investigator Jennifer Young filed a report on 5-15-12.

NEEDS/PROBLEMS/COMMENTS: Minute Order 3-28-12 (Temporary): Also present in the courtroom is Debra Mistriel and Pierce Jenkins. Father Lloyd Jenkins advises the Court that he has mediation scheduled for today with the mother Debra Mistial. At the direction of the Court, the courtroom is cleared with the exception of Pierce Jenkins who is directed to remain in the courtroom for further inquiry by the Court. The testimony of Pierce Jenkins is sealed until further order of the Court. Parties having returned to the courtroom, the Court finds that it is in the best interest of the minor to stay with the petitioners. The Court grants the petition and appoints Roland Baker, Terri Baker, and Heather Banks as co-guardians of the person. The temporary expires on 5/22/12. Visitation with father is ordered as follows: every Saturday from 9:00 a.m. until Sunday at 6:00 p.m. Pick-up and delivery to be arranged by the father. Father is ordered to contact the guardians no later than Friday at 6:00 p.m. to confirm his visitation with the minor. Father provides contact information.

SEE PAGE 2

DOB: 5-19-99

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv. W/O

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

CI Report

9202 Order



UCCJEA X Updates:


FTB Notice File 13 - Jenkins

13


13 Pierce Jenkins (GUARD/P) Case No. 12CEPR00250 NEEDS/PROBLEMS/COMMENTS: 1. The parents and the minor were served without a copy of the petition pursuant to Probate Code §1511.

The Court may require additional service.

2. Petitioners state the maternal grandparents are unknown, but do not provide a declaration of due diligence. Examiner notes that the mother may be available to provide this information.

If notice is not excused, need proof of service of Notice of Hearing with a copy of the petition at least 15 days prior to the hearing per Probate Code §1511 or consent and waiver of notice or declaration of due diligence on: - Maternal Grandfather - Maternal Grandmother

3. Need proof of service of Notice of Hearing with a copy of the petition at least 15 days prior to the

hearing per Probate Code §1511 or consent and waiver of notice or declaration of due diligence on the following siblings: - Damien Jenkins (half-sibling, age 17) (with copy to the adult with whom she resides per Cal. Rule of Court 7.51) - Cheyenne Jenkins (half-sibling, age 14) (with copy to the adult with whom she resides per Cal. Rule of Court 7.51)

4. Need UCCJEA (Form GC-120) per Probate Code §§ 1510, 1512.


14 Alexus Maria Garcia (GUARD/P) Case No. 12CEPR00262 Atty Robles, Julia Soto (pro per – maternal grandmother/Petitioner)


Age: 16

DOB: 04/17/96 NO TEMPORARY REQUESTED

JULIA SOTO ROBLES, maternal

grandmother, is Petitioner.

Father: RUDY GARCIA – Declaration of

Due Diligence filed 05/07/12

Mother: JESSICA MAYORGA – Consent &

Waiver of Notice filed 05/07/12

Paternal grandfather: LOUIE GARCIA –

deceased

Paternal grandmother: MARIA GARCIA –

deceased

Maternal grandfather: MICHAEL

MAYORGA – Consent & Waiver of Notice

filed 05/07/12

Siblings: ALYSSA GONZALES (18) – Consent

& Waiver of Notice filed 05/17/12, JON

PADILLA (11), ALIANNA FLEMMING (5)

Petitioner states that she has raised Alexus

since she was 3 ½ weeks old. She is

requesting to establish guardianship now

due to school and health documents

that are needed and also for documents

that are necessary as she prepares to

attend college and apply for financial

aid.

Court Investigator Samantha Henson filed

a report on 05/15/12.



2. Need proof of personal

service at least 15 days before

the hearing of Notice of

Hearing with a copy of the

Petition or Consent & Waiver

of Notice for:

- Alexus Garcia (minor)

- Rudy Garcia (father) – unless

diligence is found.

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail n/a

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 14 - Garcia

14


15 Andrais Tyvon Hackett, Jr. and Royal Aris Hackett (GUARD/P) Case No. 12CEPR00265

Atty Walters, Jennifer (for Carolyn Wynn – paternal grandmother/Petitioner)

Atty Hopkins, Alexis (pro per – mother/objector)


Andrais, 7

DOB: 01/14/05

TEMPORARY EXPIRES 05/22/12

CAROLYN ANN WYNN, paternal grandmother, is Petitioner. Father: ANDRAIS TYVON HACKETT, SR. – deceased Mother: ALEXIS HOPKINS – personally served 03/24/12 Paternal grandfather: DENNIS HACKETT – personally served 03/26/12 Maternal grandfather: NOT LISTED Maternal grandmother: NOT LISTED Petitioner states that the children’s father was killed on 03/16/12 and that she is the only person financially able to take care of the minors. Petitioner states that the children were in their father’s custody, but she has always provided and assisted with their care and supervision since their mother abandoned them in July 2008. Objections of Mother, Alexis Hopkins, filed 03/22/12 and 03/23/12 states that she never abandoned her children. She states that she had a custody arrangement with the father and has always been in constant contact with the children, their father and Petitioner. Mother states that she never wanted to leave her children and that she loves them and visits as often as possible, she wants to take the children home to Oklahoma with her to raise them. Mother attaches phone records from 10/10/11 – 10/16/11 showing phone calls to the 559 area code. Mother also attaches a picture of herself with Andrais, Jr. taken when she visited in October 2011 and a Picture of Royal with her niece, also taken when she visited in October 2011. Court Investigator Charlotte Bien filed a report on 05/08/12.


1. Need proof of service by

mail at least 15 days

before the hearing of

Notice of Hearing with a

copy of the Petition for

Appointment of Guardian

of the Person or Consent

and Waiver of Notice or

Declaration of Due

Diligence for:

- Maternal grandfather

- Maternal grandmother

2. Need Order and Letters.

Royal, 5

DOB: 06/16/06

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 15 – Hackett

15


16 Dylon Lee Boyd (GUARD/P) Case No. 12CEPR00270 Atty Garcia, Tammy Ann (pro per – paternal aunt/Petitioner)

Atty Everk, Elaine Joyce (pro per – mother)


Age: 1

DOB: 05/27/11 TEMPORARY EXPIRES 05/22/12

TAMMY ANN GARCIA, paternal aunt, is

Petitioner.

Father: MARVIN BOYD – currently

incarcerated, personally served on

04/02/12

Mother: ELAINE EVERK – currently

incarcerated, personally served on

03/26/12

Paternal grandparents: DECEASED

Maternal grandparents: UNKNOWN

Petitioner states that Dylan’s father is

currently incarcerated and his mother

was recently taken into custody. Mother

left Dylan in the care of random

neighbors. When family was finally

notified of the mother’s arrest, Dylan was

picked up and taken to the doctor

where it was discovered that he had ear

and throat infections and had not had

any immunizations since birth. Further,

the home where he was left did not

have formula, baby food, or other

necessities for an infant. The neighbors

who had him stated that the mother

had been gone for a few days and no

one knew her whereabouts until she was

arrested.

Court Investigator Samantha Henson’s

report was filed 05/15/12.


1. Need proof of service by mail at

least 15 days before the hearing

of Notice of Hearing with a copy

of the Petition for Appointment of

Guardian of the Person or

Consent and Waiver of Notice or

Declaration of Due Diligence for:

- maternal grandfather

- maternal grandmother

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 16 - Boyd

16


17 Brody Clayton Brown (GUARD/P) Case No. 12CEPR00410

Pro Per Davis, Anita (Pro Per Petitioner, maternal grandmother)

Pro Per Davis, Sr., David (Pro Per Petitioner, maternal grandfather)

Petition for Appointment of Temporary Guardian of the Person (Prob. C. 2250)

Age: 2 years General Hearing set for 7/9/2012

ANITA DAVIS and DAVID DAVIS, SR.,

maternal grandparents, are Petitioners.

Father: EMIL BROWN

Mother: HOLLY DAVIS

Paternal grandfather: Not listed

Paternal grandmother: Not listed

Petitioners state the child’s mother is in

violation of her probation (for burglary)

and they want her to go to rehab for

drug use. Petitioners state they are trying

to make sure the child will remain in their

care if the mother is put in jail or if they

can get her to go back to rehab.

Petitioners request to be excused from

giving notice to the father because they

don’t have contact with him and don’t

know how to reach him, and to the

mother because they are afraid that she

could leave their house in anger with the

child as her drug use puts her in a state of

making bad decisions.


Note: UCCJEA filed on 5/8/2012

states the child has lived with

the Petitioners since the child’s

birth.

1. Need Notice of Hearing

and proof of five (5) court

days’ notice by personal

service of the Notice of

Hearing and a copy of the

Petition for Appointment of

Temporary Guardian, or

Consent to Appointment of

Guardian and Waiver of

Notice, or a Declaration of

Due Diligence for:

Holly Davis, mother, if

Court does not excuse

notice as requested;

Emil Brown, father, if

Court does not excuse

notice as requested.

DOB: 6/14/2009

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail

Pers.Serv. X

Sp.Ntc.

Aff.Pub.

Conf.

Screen

Aff. Posting

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Letters Reviewed by: LEG


UCCJEA Updates:


FTB Notice File 17 - Brown

17

1 martin metkovich (estate) case no. 08cepr01119 · 1 martin metkovich (estate) case no....

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