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CASE NO. - Supreme Court of Texas

VIEWS: 145 PAGES: 361

									              CASE NO. -------------------------

                            IN THE SUPREME COURT
                                   OF TEXAS
.
                              IN RE JENNIFER CARY
-.                                                               Relator


...         Original proceedingfrom the F.jfth District Court ofAppeals at Dallas,
      Cause No. 05-10-01071-Cv' and 380T. Judicial District Court. Collin County. Texas,
                Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.




      APPENDIX TO PETITION FOR WRIT OF MANDAMUS



-                                               Thomas M. Michel

-                                               State Bar No. 14009480

                                                GRIFFITH, JAY & MICHEL, LLP
                                                2200 Forest Park Blvd.


-
                                                Fort Worth, Texas 76110
                                                (817) 926-2500 (Telephone)
                                                (817) 926-2505 (Facsimile)

                                                ATTORNEYS FOR RELATOR




                         ORAL ARGUMENT REQUESTED




-
L
-     Tab   Description
                                   INDEX TO APPENDIX

                                            -.
                                            -~  --        -~.   -
                                                                .~----~   ~--
                                                                                -
                                                                                    Date-- --
      A.    Certified copy of Final Decree of Divorce                               10105/04
      B.    Certified copy of Final Order of Modification                           12/01/06
      C.    Certified copy of Order on Motion for Sanctions                         06125107
      D.    Certified copy of Order Approving Receiver's 151 Interim Application    07/02/07
            for Authority to Disburse Funds and Approval of Receiver's Fees
      E.    Certified copy of David Cary's Petition to Modify Parent-Child          01129/09
            RelationshiQ
      F.    Certified copy of Jennifer Cary's Motion to Recuse Judge Wooten         03/03/09
-     o.
      H.
            Certified copy of Judge Wooten's Order of Referral
            Certified copy of Mutual Temporary Restraining Order and Order
                                                                                    03/04/09
                                                                                    04/29/09

-
            Setting Hearing on Temporary Orders
      1.    Certified copy of Letter dated May 20, 2009 from Judge John L.          05/21109
            McCraw, Jr.

-     J.    Certified copy of Order Vacating and Setting Aside the Order on
            Motion for Sanctions Signed June 25, 2007 and Order Appointing
                                                                                    07115/09



-
            Receiver Signed August 13, 2007
      K.    Certified copy of Temporary Orders                                      11113/09
      L.    Certified copy of Temporary Orders                                      12/04/09
...   M.    Certified copy of Order on Motion to Vacate Mediated Settlement
            Agreement
                                                                                    06/07110



-
      N.    Certified copy of Order in Suit to Modify Parent-Child Relationship     08/03110
      o.    The First Administrative Region - webpage printouts                     08112110



-
      P.    Certified copy of Collin County District Clerk's Docket Sheet for       08112110
            Cause No. 380-54606-03
      Q.    Certified copy of Judge's Docket Sheet for Cause No. 380-54606-03
      R.    Affidavit of Thomas Michel                                              08/19110
      S.    Affidavit of William F. Neal                                            08/24110
      T.    Affidavit of Doug Perrin                                                08119110


-
      U.    Affidavit of Ashley Johnson                                             08/30110
      V.    Affidavit of Thomas Michel                                              09110110
             1. August 27, 2010 fax from Judge Ovard and copy of Order of
                 Assignment
             2. Example of Order of Assignment
             3. Example of Order of Assignment

-     W.    Certified Indictment - Suzanne H. Wooten
            Certified Indictment - David Cary


-
            Certified Indictment - Stacy Stine Cary
            Certified Indictment - James Stephen Spencer



-                                                1
-
-         X.

          Y.
                Letter dated November 17, 2010 from Judge John L. McCraw, Jr.11111711 0
                enclosing an Order of Recusal.
                Dave Cary's Response to Jennifer Cary's Petition for Writ of 8/31110

--              Mandamus in the Dallas Court of Appeals
,



          Z.    Court of Appeals Memorandum Opinion                            9/20110




-
                                                  Respectfully submitted,




-
                                                      /j2Ad
                                                  Thomas M. Michel
                                                  State Bar No. 14009480

                                                  GRIFFITH, JAY & MICHEL, LLP
                                                  2200 Forest Park Blvd.
                                                  Fort Worth, Texas 76110
                                                  (817) 926-2500 (Telephone)
    I
    i..                                           (817) 926-2505 (Facsimile)
                                                  ATTORNEYS FOR RELATOR

-                                   CERTIFICATE OF SERVICE


-               This is to certify that a true and correct copy of the foregoing document has been
          forwarded to the following attorneys of record as follows on the _      day of December,


-
          2010:

          Julia F. Pendery                               Fifth Court of Appeals

-         Julia F. Pendery, Attorney at Law
          3030 LBJ Freeway, Suite 1630, LB 50
                                                         George L. Allen, Sr. Courts Building
                                                         600 Commerce Street, Suite 200
          Dallas, Texas 75234                            Dallas, Texas 75202
          VIA FED-EX                                     VIA FED-EX


    -
                                                  ~el'#
    -
-
                                                     2
                                                1211612009 4:44 PM SCANNED




                                              NO. 380-54606-03
.,.     IN THE MATTER OF                                    §      IN THE DISTRICT COURT
        THE MARRIAGE OF                                     §

.,.     DAVID FREDERICK CARY
                                                            §
                                                            §
        AND                                                 §      3BOTH JUDICIAL DISTRICT
        JENNIFER LYNN CARY                                  §
                                                            §
        AND IN THE INTEREST OF                              §


,.                                        AND               §
                                                            §
        CHILDREN                                            §      COLLIN COUNTY, TEXAS

                                       FINAL DECREE OF DIVORCE



-
                On the undersigned date, the Court heard this case.




-
    I
         1.     APPEARANCES:


    .           Petitioner,          DAVID FREDERICK CARY,                    also referred to as

         Husband      and/or         Father      herein,          appeared          in    person      and/or

         through his attorney of record,                          C. LUKE GUNNSTAKS,                and has

         agreed     to    the     terms       of     this       order        as    evidenced        by     the



...
         signature of Petitioner below.

                Respondent,           JENNIFER LYNN CARY               I     also        referred     to    as



-
         Wife     and/or        Mother        herein.           appeared           in    person       and/or
I
         through      her    attorney         of     record,        RICK          ROBERTSON,       and     has

         agreed     to    the     terms       of     this       order        as    evidenced        by     the


,.       signature of Respondent below.




..
         2.     RECORD:

                The      making      of   a     record       of    testimony             was   made      by a
J

         licensed Court reporter.




j        (FINAL DECREE OF DIVORCE)




-
J
 ..,.

 ..,.
          3.      JURISDICTION AND DOMICILE:
    .,.           The Court        finds      that    the pleadings of                Petitioner are

.,.       in due     form and contain all                   the allegations,                information,


.,.
          and     prerequisites         required        by         law.         The     Court,                   after

          receiving        evidence,       finds       that        it     has   jurisdiction                         over


..,.      this cause of action and the parties, and that at least 60

          days have elapsed since the date that this suit was filed .

 .,.      The   Court      further      finds        that     at    the     time      this          suit              was


 .,.      filed,     Petitioner had been a domiciliary of Texas for the

          preceding six (6) month period and a resident of the county

.,.       in which the sui t           was filed for the preceding ninety                                            (90)

          day period.         All persons entitled to citation were properly

          cited.

.,.       4.      JURY:

                  A jury was waived,             and all           questions of             fact          and of

          law were submitted to the Court.


.,.       5.      AGREEMENT OF PARTIES:

                  The Court finds          that the parties have entered into a

j         mediated settlement agreement regarding their divorce,                                                      and

          finds     that     the      terms    contained           herein       are      in        the               best

          interest of the children.                   This Final Decree of Divorce is

          stipulated to represent a merger of the mediated settlement
                                                         \\\\ T                               \\,tllIlIlI""
                                                                                                              til/


          agreement between the part ies.   To the ext?~~~~p.f.~~~{e
                                                                                   'Q' .'         1'- .....~-)5.;X-
          are     any     differences          which        exist       betwee{*{~,(<{~~';;l
.,.                                                                              \~. ." 'X~~/~~~l
                                                                                   "'---,~q""""     ,./'·. . <<../2
,.
          (FINAL DECREE OF DIVORCE)
                                                                                   - ""I",~/tV"CO\j\~-S,:"'"
                                                                                            "I""f'III""'\\\\
          · '.


     .,
                 settlement agreement and this Final Decree of Divorce, this

                 Final Decree of Divorce shall control in all instances.

                        The Court further finds that the terms of the Mediated

                 Settlement Agreement                   are    contained in       this    Order and      the
  .,.            parties have          ratif ied         the    agreement,      by virtue        of   having

  .,.            approved      this     Order as              to both    form and    substance.          The

                 Court further finds that the Mediated Settlement Agreement
 .,.             and     the     terms        of        this    order     settle     all       claims    and


 .,.             controversies between the parties,                        asserted or assertable,

                 in    this     case     as        of    the     date    signed.         To     the   extent

 .,.             permitted by law,                the parties stipulate that the agreement

                 is    enforceable           as    a     contract.        The     Court       approves   the

                 agreement of the parties as contained in this Final Decree

.,.              of Divorce and herewith adopts the agreements as the Orders



.,               of the Court in the interests of justice and fairness and

                 in the best interests of the children.


.,.              6.     DIVORCE:

                        IT IS ORDERED AND DECREED that DAVID FREDERICK CARY,

                 Petitioner,         and          JENNIFER        LYNN    CARY,      Respondent,         are


,.
 j

                 divorced and that the marriage between them is dissolved on

                 grounds of insupportability.

                 7.     CHILDREN:

                        The Court finds that Petitioner and

                 parents of the following children:


                 (FINAL DECREE OF DIVORCE)



..,.
I
    .,.    ,.




                        NAME:
    ...,                SEX: Female
                        BIRTHPLACE: Dallas, Texas
                        BIRTH DATE:

                        NAME:
                        SEX: Female
                        BIRTHPLACE: Dallas, Texas
                        BIRTH DATE:

                        The Court finds no other children of the marriage are


    .,          expected .

                8.       CONSERVATORSHIP AND ACCESS:

    .,.                 The Court,          having considered the circumstances of the

                parents and of the children,               finds the following orders are

                in the best interest of each chi ld:

                and

                     A. Joint Managing Conservators:

                        IT IS ORDERED that DAVID FREDERICK CARY and JENNIFER

                LYNN CARY are appointed parent Joint Managing Conservators

                of the following children:                                       and



                     B. Rights and Duties at All Times:

                        IT IS ORDERED that,          at all times, DAVID FREDERICK CARY

                and     JENNIFER            LYNN   CARY,   as   parent   Joint     Managing
j
                Conservators,        shall each have the following rights,             duties,

                privileges,       and obligations in regard to

                parties:




j               (FINAL DECREE OF DIVORCE)
 I
 I
         . '.
 ~
                .'




 .,.
                            1.      The    right       to receive information                        from any other

                     conservator          of      the        children             concerning              the     health,

 .,.
 I
 i                   education, and welfare of each child;

                            2.      The right to confer with the other parent to the

                     extent      possible        before       making          a    decision          concerning         the

                     health,      education,        and welfare               of       each    child,       subject      to

                     certain restrictions on the ability of each to make such a

                     decision        in    the      absence             of        agreement          as     set       forth


.,.                  hereinbelow;

                            3.      The        right         of        access           to     medical,           dental,

.,.                  psychological, and educational records of each child;

                            4.      The    right       to consul t            with a          physician,         dentist,

                     or psychologist of each child:

                            5.      The     right        to       consult              with     school          officials

                     concerning        each      child's          welfare          and       educational          status,




..
                     including school activities;

                            6.      The    right        to    attend          school          activities         of   each
     J
                     child;

                            7.      The     right       to        be     designated             on    each        child's

                     records as a person to be notified in case of an emergency;

T                           8.      The    right        to    consent             to     medical,         dental,      and

                     surgical        treatment          during           an




,.
                     and


                     (FINAL DECREE OF DIVORCE)



.,.
.,.
      .'

.,.
                  9.      The right        to manage the estate of each child to

           the extent the          estate has been created by that parent or

.,.        that parent's family .

             C. Rights and Duties During Periods of Possession:

.,.               IT IS ORDERED that, during their respective periods of

           possession, DAVID FREDERICK CARY and JENNIFER LYNN CARY, as

           parent      Joint    Managing            Conservators,        shall       each       have   the

.,.        following rights and duties in regard to each child of the

           parties;

                  1.      The     duty         of     care,      control,        protection,           and

,.         reasonable discipline of each child;

                  2.      The     duty         to      support        each     child,           including

           providing       each        child        with   clothing,         food,        shelter,     and

           medical       and      dental            care   not        involving           an     invasive

           procedure,       subject       to certain restrictions on the ability

           of each to make such a decision in the absence of agreement

           as set forth hereinbelow;
'T"
                  3.    The right to consent for each child to medical and

           dental care not involving an invasive procedure, subject to

           certain restrictions on the ability of each to make such a

r          decision       in      the     absence          of    agreement           as        set   forth

,..        hereinbelow;

                  4.     The right         to consent           for
.,.        dental,       and      surgical            treatment


r          (FINAL DECREE OF DIVORCE)



,.
    ,.
    .,.
          involving immediate danger to the health and safety of each

          child;

                    5.      The     right      to   direct     the   moral        and     religious

          training of each child; and

                    6.      The duty to         inform the other parent                 immediately

          if    a    child is being            taken to a hospital           or other health

          care provider for emergency care.

               D. Other Rights and Duties of Petitioner:


,.                  IT IS ORDERED that DAVID FREDERICK CARY,

          Joint Managing Conservator,
                                                                                    as a parent

                                                       shall have the following rights

    ,.    and duties:

                    1.      The     right      to   consent    to    medical,       dental,       and

          surgical          treatment         involving   invasive      procedures          and    to

,.        psychiatric             and    psychological        treatment      of    each     child,

          subject to agreement with the other parent;                         in the absence

          of an agreement the decision of a tribunal shall serve as a

          tie-breaker, as further detailed below.

                    2.      The independent right to represent each child in

,.        legal          action    and   to    make   other decisions         of    substantial

          legal significance concerning each child;

                    3.      The independent right to consent to marriage and

          to enlistment in the armed forces of the United States;


,.
I




          (FINAL DECREE OF DIVORCE)
 .,.   "




                  4.      The right,           subject to the agreement of the other
 .,.       parent      conservator,             to     make          decisions          concerning            each

.,.        child's education;

                          The         independent           right          to     the      services             and
.,.
                  5.

           earnings of each child;


.,.               6.      except when a guardian of a estate or a guardian

           or attorney ad 1 item has been appointed for                                    a child,             the
.,.        independent         right      to    act        as    an    agent       of    each           child    in

           relation       to that       child I s      estate if            the    child I s        action is

           required       by      a    state,        the    United         States,        or        a     foreign

 .,.       government;


.,.
                  7.      The duty to manage the estate of the children to

           the    extent       the     estate has been created by                         Father or his

           family;



,.
                  8.      The duty to inform the other parent if the parent

           resides with for at least thirty days,                                 marries,      or intends

           to marry a person who the parent knows is registered as a

           sex    offender        under       chapter           62    of    the     Code       of       Criminal

           Procedure        (as       added     by     chapter         668,       Acts     of           the   75th

           Legislature, Regular Session, 1997) or is currently charged

           with an offense for which on conviction the person would be

           required       to    register        under       that       chapter.           IT    IS       ORDERED

           that    this    information shall be                      tendered       in

           notice made as soon as practicable,                             but not


           (FINAL DECREE OF DIVORCE)
          ·
    .,.
              '.


    I


                   fortieth        day    after        the    date     the    parent       begins     to    reside
    .,.            with     the    person or on               the    tenth     day   after      the    date       the

                   marriage occurs,             as appropriate.                   IT IS    ORDERED that           the

                   notice must           include a           description of          the    offense        that    is
    .,.            the basis of the person's requirement to register as a sex

                   offender        or     of    the      offense        with       which     the      person       is

                   charged.            WARNING:    A PERSON COMMITS AN OFFENSE PUNISHABLE

    .,.            AS A CLASS            C MISDEMEANOR          IF THE        PERSON FAILS TO PROVIDE

                   THIS NOTICE; and

                           9.      The duty to make periodic child-support payments.

                      E. Other Rights and Duty of Respondent:

                           IT     IS    ORDERED        that    JENNIFER       LYNN CARY,        as     a    parent

T                  Joint Managing Conservator, shall have the following rights


,.                 and duty:

                           1.      The     right        to    consent        to    medical,        dental,        and

.,.                ~urgical        treatment           involving       invasive        procedures          and     to


,.                 psychiatric           and    psychological

                   subject to agreement with the other parenti
                                                                            treatment      of      each

                                                                                             in the absence
                                                                                                            child,



                   of an agreement the decision of a tribunal shall serve as a



    ,.             tie-breaker, as further detailed below.

                           2.      The independent right to represent each child in

                   legal        action    and     to    make        other    decisions
    j


,.
                   legal significance concerning each child;




                   (FINAL DECREE OF DIVORCE)



.,.
I
..           3.      The independent right to consent to marriage and

      to enlistment in the armed forces of the United States;


•
             4.      The right,           subject to the agreement of the other

      parent      conservator,             to     make           decisions          concerning            each

      child's education;

             5.      The         independent            right          to     the      services             and

      earnings of each child;

.,.          6.      except when a guardian of a estate or a guardian

      or attorney ad litem has been appointed for                                      a child,             the

      independent        right       to    act         as    an    agent       of    each           child    in

.,.   relation      to that child s         I         estate if         the    child s I        action is

      required      by       a    state,        the     United         States,        or        a     foreign

      government;

,.
I            7.      The duty to manage the estate of the children to

      the   extent       the      estate        has    been created by Mother or her

      family;

             8.      The duty to inform the other parent if the parent

      resides with for at least thirty days,                                  marries,      or intends

      to marry a person who the parent knows is registered as a

      sex    offender        under        chapter           62    of    the     Code       of       Criminal

      Procedure        (as       added     by     chapter          668,       Acts     of           the   75th

      Legislature, Regular Session,

      with an offense for which on

      required      to     register        under


      (FINAL DECREE OF DIVORCE)



.,.
      that    this    information             shall    be    tendered         in    the     form of       a

      notice made as soon as practicable,                           but not         later than the

      fortieth       day    after       the     date    the    parent         begins        to    reside

      with    the    person       or     on    the     tenth   day        after       the      date     the

.,.   marriage       occurs,       as    appropriate.              IT   IS      ORDERED        that     the

      notice must          include       a    description of            the      offense         that    is

      the basis of the person's requirement to register as a                                            sex

      offender       or     of     the       offense        with    which          the      person       is

      charged.        WARNING:          A PERSON COMMITS AN OFFENSE PUNISHABLE

      AS   A CLASS        C MISDEMEANOR              IF THE    PERSON           FAILS     TO     PROVIDE

      THIS NOTICE; and



,.
              9.     The    exclusive          right    to receive              and   give       receipt

      for periodic payments                  for the support of                 the children and


,.    to    hold

      children.
                    or     di sburse         these    funds    for        the      benef i t     of     the



.,.        F. GEOGRAPHICAL RESTRICTION ON PRIMARY PHYSICAL RESIDENCE


.,.
      AND DOMICILE OF THE CHILDREN:

              The    Court        finds       that,     in     accordance             with       section

      153.001       of the Texas             Family Code,      it       is   the public policy

      of   Texas     to    assure        that    children          will      have     frequent          and

      continuing contact with parents who have shown the ability

      to act       in the best          interest of the children,
j
      safe,    stable,       and nonviolent environment

      and to encourage parents to share in the



      (FINAL DECREE OF DIVORCE)
    .,.
    .,.
          of raising their children after the parents have separated

          or dissolved their marriage.

                  IT        IS     ORDERED       AND       DECREED      that     pursuant       to        Texas

          Family Code §153.136, the primary residence of the children
.,.       shall        be        restricted          to    and    designated      within       as     Collin


.,.       County,        Texas          or    Dallas County,           Texas,     and neither party

          shall        have       the    right        to   remove     the   children       from       Collin

.,.       County,       Texas or Dallas County,                       Texas      for   the purpose of


,.        establishing

          residence              outside
                                        or      maintaining

                                                the       said
                                                                      the

                                                                  geographic
                                                                               children's

                                                                                   area,       save
                                                                                                    primary

                                                                                                          upon

          further order of the Court or upon prior,                                    express written

          agreement of the parties to be filed with the Court.

                  IT        IS    ORDERED       that       this geographical           restriction on


,.        the residence of                    the children shall            be    lifted if,         at     the

          time     either           parent       wishes          to   remove     the    children           from

          Collin        County,              Texas    or     Dallas     County,        Texas        for     the


,.
I
          purpose of changing the primary residence of the children,

          the other parent does not reside in ColI in,                                  County,           Texas

          or Dallas County, Texas.

          G.      1. Access and Possession Schedule:

j"'               a)        With regard to this possession schedule agreed to

          herein by the parties, the following definitions apply:



j
..,..
                           secondary school, the public                school    district   in
                           which the children reside.

                           2.   "Child" includes each child, whether one or
                           more, who is a subject of this suit while that
                           child is under the age of eighteen (18)' years and
                           not otherwise emancipated.

                b)        IT IS ORDERED AND DECREED that                as    Joint Managing

        Conservators,             Father    and     Mother    shall     each     respectively

        have possession of each child at times mutually agreed to

        in advance by the parties,                   and,     in the absence of mutual

        agreement,          it is ORDERED that each conservator shall have
.,.     possession of each child under the specified terms as set

.,.     forth        on    page    3,    section    13   of    the    Mediated     Settlement

        Agreement,           incorporated          herein     by     reference      effective

        beginning July 12, 2004.


.,.             c)    IT IS ORDERED that Father shall have possession of

        and access to the children each week beginning when school

.,.     i~   dismissed            on    Monday      until     school    is      dismissed   on

        Wednesday,          and if school is not in session then beginning

        at 3:30 p.m. on'Monday until 3:30 p.m. on Wednesday.

                d)    IT IS ORDERED that Mother shall have possession of
"j'
        and access to the children each week beginning when school

'T      is   dismissed            on    Wednesday    until     school    is     dismissed   on

        Friday,       and if school is not in session
 j
        3:30 p.m. on Wednesday until 3:30 p.m. on




        (FINAL DECREE OF DIVORCE)
,.

               e)   IT    IS    ORDERED         that       the        parties      shall     alternate

      weekend       periods          of    possession        with         Father's       first       (1 st )

      weekend beginning on July 16,                     2004 beginning when school is

      dismissed,         and if school is not in session then beginning

      at    3: 30 p.m.         and    IT IS ORDERED that Mother's                           first    (lst)



.,.   weekend shall begin on July 23,                        2004 beginning when school

      is      dismissed,        and        if   school           is     not     in    session        then

.,.   beginning at 3:30 p.m.                    For purposes of this order "weekend


.,.   periods of possession" are defined as beginning on Fridays

      when      school     is    dismissed           and     ending        on      the   immediately

      following Monday when school is dismissed, and if school is


,.    not     in    session,         beginning         on

      ending on the immediately following Monday at 3:30 p.m.
                                                             Fridays          at     3:30    p.m.        and



               f)   IT IS ORDERED that beginning in 2005 and thereafter
T
      tha t    each party's               extended     sununer         visi ta tion      shall      be    as

      follows:

                     1) Mother shall have possession of and access to
'j'                     the children each year from June 1 beginning
                        when school is dismissed, and if school is not
                        in session then beginning at       3:30 p.m.,
                        through June 16 at 3:30 p.m.; and July 1
'j
                        beginning when school is dismissed, and if
                        school is not in session then beginning at
                        3:30 p.m., through July 16 at 3:30 p.m.;
..,.
                                  school is not in session then beginning                                        at
                                  3:30 p.m., through July 31 at 3:30 p.m.

                g)      IT        IS     ORDERED      that      each      party's               respecti ve

        possession           of        and   access     of    the     children         for          Holidays

        designated below shall be pursuant to the Texas Family Code



..  ,
        standard

        inclusive,
                         Possession            Order,        §§153.;311

                          and as specifically set forth below,
                                                                            through                 153.317,

                                                                                            for parties


,.      residing        within           100   miles,        except    that       IT        IS         FURTHER

        ORDERED that Spring Break pursuant to a Standard Possession

        Order     is deleted and shall                  be treated as per                  section G.,

        number 1c and 1d respectively, hereinabove.

                        1)        Christmas Holidays in Even-Nwnbered Years -
                                  In even-numbered years,    Father shall have
                                  possession of and access of the children
                                  beginning at the time the child's school is
                                  regularly   dismissed   for    the  Christmas
                                  vacation and ending at noon on December 26.

                        2)        Christmas Holidays in Odd-Numbered Years
                                  In odd-numbered years,    Father shall have
i                                 possession of and access of the children
                                  beginning at noon on December 26 and ending
.,.                               at the time the children's school resumes
                                  after that Christmas school vacation.

                        3)        Thanksgiving in Odd-Nwnbered Years - In odd-



,.
                                  numbered years, Father shall have possession
                                  of and access of the children beginning at
                                  the time school is dismissed on the day the
                                  children are dismissed from school for the
                                  Thanksgi ving holiday and ending at the time

--
                                  the school regular ly resumes.        "11 1111 '"""",,
                                                                    ,,,,"~\CT Cd"II",
J                                                                 ", '\'\' ....-.. _-...... U '"
                        4)        Easter Weekend in Odd-N        "       .'           ar'$~A In
                                  odd-numbered    years,    Fa~~e{- . .;: .. ····\~ve
j                                 possession of and access ~~o~ $~~ildj:-en                 I


                                  beginning at the time SCh06~.~S !JYsrr:::..(~.~T1 on
                                                                              ~',fO;<··-.-. -·······r..:',>·"'
                                                                                 "" ....{./N CO\J\" \ •••,
        {tl HAl. nECJ<EE OF DIVORCE:
                                                                                       11
                                                                                    ./1 ""'"1",,\,\\1\\\\        15
"T"




                               the day the children are dismissed from
                               school for the Easter holiday, and ending at
                               the time school regularly resumes after the
                               holiday .
.,.                    5)      Children's Birthday       If Father is not
                               otherwise   entitled   under   this  Standard
.,.                            Possession Order to present possession of
                               the children on the children's birthday,
                               Father shall have possession of the children

-   j
                               beginning at 6:00 p.m. and ending at 8:00
                               p.m. on that day, provided that Father picks
                               up the children from Mother's residence and

-   ,
                       6)
                               returns the children to that same place.

                              Father' s Day Weekend - Each year, beginning


-
                              at   6:00  p.m.   on   the    Friday    preceding
    I
                              Father's Day and ending at 6:00 p.m. on
                              Father's Day, provided that if Father is not
                              otherwise   entitled    under    this    Standard
                              Possession Order to present possession of
                              the children, he shall pick up the children
                              from Mother's    residence     and   return   the
                              children to that same place.
T
                       7)     Christmas Holidays in Odd-Numbered Years
                              In odd-numbered years, Mother shall have
i

..
                              possession of and access of the children
                              beginning at the time school is dismissed on
                              the day the children are dismissed from
    I                         school for the Christmas school vacation and
                              ending at noon on December 26.

T                      8)     Christmas Holidays in Even-Numbered Years -
                              In even-numbered years, Mother shall have
                              possession of and access of the children
                              beginning at noon on December 26 and ending
                              at the time the children's school resumes
                              after that Christmas school vacation.

                       9)     Thanksgiving in Even-Numbered Years               In
                              even-numbered   years,   Mother    shall       have
                                                                         children
                              possession of and access of the \\,l\I~tITiII"1
j
                              beginning at the .time school i~ ~~\~~~~~"~.r
                              the day the chlldren are dl,~'!!fP..~serA ··f.~~-=:.
I
                              schC;>0l for the ?hanksgi ving f<H;61i.¥~,-. ~? .~
j
                              endlng at the tlme the sch~~~~,~'\l~:arly-l' ~
                              resumes.                        \0\ A};>~\,.\<!{Jj
                                                               \~~" ..../~    /~~~~::
        IFINAL DECREE OF DIVORCE)                                   ",{tl.liV"CD;;.<. ~'~·
                                                                        IIlltlfllllll,"l\\l"\\.
    .,..

    .,..
    I




                              10)   Easter Weekend in Even-Numbered Years - In
                                    even-numbered   years,  Mother   shall  have
                                    possession of and access to the children
                                    beginning at the time school is dismissed on
                                    the day the children are dismissed from
                                    school for the Easter holiday, and ending at
                                    the time school regularly resumes after the
                                    holiday.

                              11)   Children's Birthday       If Mother is not
    .,.                             otherwise   entitled   under   this  standard
                                    Possession Order to present possession of
                                    the children on the children's birthday,
                                    Mother shall have possession of the children
                                    beginning at 6: 00 p.m. and ending at 8: 00
                                    p.m. on that day, provided that Mother picks

        .,.                         up the children from Father's residence and
                                    returns the children to that same place .

                              12)   Mother's Day Weekend - Each year, beginning
                                    at the time school is dismissed on the
                                    Friday preceding Mother's Day and ending at

.,. ,
                                    6:00 p.m. on Mother's Day, provided that if
                                    she is not otherwise entitled under this
                                    Standard   Possession    Order   to   present
                                    possession of the children, she shall pick
                                    up the children from Father's residence and
    T                               return the children to that same place.

                        2. Further General Terms and Conditions:

                           Except as otherwise expl ici tly provided in this
                      Agreed Possession Order, the terms and condi tions of
                      possession of each child that apply regardless of the


    -
                      distance between the residence of a parent and each
                      child are as follows:



,.
        J

              a)      Surrender of Child by Mother - Mother is ORDERED to
                      surrender each child to Father at the beginning of
                      each period of Father's possession at the school of
                      each child at the time school is dismissed, and if
,.      I
                      school  is   not  in session Mother   is ORDERED to
                      surrender each child to Father at the ~~~j,,n,oing of

                                                                         A·····
                      each period of Father's possession at ,,~~~1~i:~.4t,:,poor
                      of her residence.                    _-'c,) ....   "'>",




,.
I
              ","AL   ocr,," o","o,tt,                         (~!:~:~lz
                                                                    """'1111111\\"\\
                                                                                       1
    .,.

            b)        Surrender of Child by Father - Father is ORDERED to
                      surrender each child to Mother at the beginning of
                      each period of Mother's possession at the school of
                      each child at the time school is dismissed, and if
    .,.               school  is not    in session Father   is ORDERED to
                      surrender each child to Mother at the beginning of
                      each period of Mother's possession at the front door
                      of his residence.



    -
            c)        Personal Effects     Each conservator is ORDERED to
                      return with each child the personal effects that each
        ,             child brought at the beginning of the period of
                      possession.

    -r
    ,

            d)        Designation of Competent Adult - Each conservator may
                      designate any competent adul t to pick up and return
                      each child, as applicable.      IT IS ORDERED that a
                      conservator or a designated competent adult shall be.
                      present when each child is picked up or returned.

            e)        Inability to Exercise Possession - Each conservator is
                      ORDERED to give advance wri tten notice to the person
                      in possession of each child on each occasion that the
                      conservator   will   be  unable    to  exercise   that
                      conservator's right of possession for any speci fied
                      period.
"
            f)        Written Notice     Written notice shall be deemed to
                      have been timely made if received or postmarked before
                      or at the time that notice is due.



,.
            g)        Notice to School and the Other Party - I f a party's
                      time of possession of each child ends at the time
                      school resumes and for any reason each child is not or
                      will not be returned to school,      that party shall
                      immediately notify the school and the other party that
                      each child will not be or has not been returned to
                      school.

            h)        Right of First Refusal - Each parent shall have the


,
                      mutual first right of refusal in the event the parent




,
                      in possession shall not be in actual possession of the
                      children for a period of four (4) hours o~\I'lm(j).r;~, and
                      in connection therewith, each party ~~~'~~"", to
I
                      notify the other party, a.s ~ar in adva~{s.;'...c(s ~rac'E:?.R.~l
                      and/or as soon as poss1ble 1n each suc~ ~~~:- q..t,ct~           ....
                      to afford reasonable notice to that petty .~~:eSilrci~s~
                      such an option on each such occasion h~~fti:f..;~~\ :;;1
...
                                                               -:., ='(\ •••.• it/' -."\ . .~;;:::
                                                                            -:',0 ..... ~
    I
                                                                             . . ",q .......... -.-.......~'-/':",--
                                                                                 .                          I~, ~".,
            (F1I~AL   DECREE OF D! VORCE I                                       ""   (ltv CO'S;..;. \ ""
                                                                                      "III,"III"It\t'~\,\\\\
                                                                                                                   18
    -              3. Duration:
    ....
      .            The periods of possession ordered herein                                  shall        apply

    .,.            to    each      child     the        subj ect     of   this     sui t      while        that

                   child      is    under        the     age    of     eighteen        years        and     not

                   otherwise         emancipated,              effective        beginning           at     3:30


    ..  I
                   p.m. on July 12,

                   until      3:30        p.m.
                                                  2004,

                                                   on
                                                             for Father's Monday possession

                                                          Wednesday,        July       14,      2004,       for

                   Mother's        Wednesday            possession,        with    all        non-holiday

                   times      of     exchange           to     occur      at     3:30        p.m.        unless

                   otherwise agreed.

            9.     MEDIATION OF FUTURE DISPUTES:

                   IT    IS   ORDERED        that       before       any party         f ilea    sui t      for

            modification             of          the         terms        and      conditions               of

            conservatorship,              possession,          or    support      of    the     children,

            except in an emergency,                    that party shall attempt to mediate

            in good faith the controversy as provided in chapter 153 of


,.          the Texas Family Code.                     This requirement does not apply to



,
            actions brought to enforce this Final Decree of Divorce or

            to enforce any subsequent modifications of this decree.                                          In

            the   absence of            agreement        to the       contrary,        such mediation

            shall occur with an agreed mediator,                           whose costs shall be

.-  J
            divided equally between the parties and prepaid .




j           (FINAL DECREE OF DIVORCE)



...
J
    .,.


    -
           10.      CHILD SUPPORT:

               A.    IT    IS    ORDERED       that      DAVID   FREDERICK         CARY                 shall          pay

           child         support      to   JENNIFER      LYNN CARY,      as     follows:                      $500.00

           per month,           with the first payment being due and payable on

           the      1 st day of        the    first   month after entry of                            this           Final

           Decree of Divorce, and a like payment being due and payable
    .,..
           monthly        on    the    1 at   day   of    each   month    thereafter                         for       the

           support         of   the    parties'       children,    until        the                first             month

           following the date of the earliest occurrence of one of the

           events specified below:

                    1.    Any child reaches the age of eighteen years or



..
                    graduates from high school, whichever occurs later,
                    subj ect to the provisions for support beyond the age
                    of eighteen years set out below;
    ,
                    2.      Any child marries;

                    3.      Any child dies;

                    4.   Any child's disabilities                   are       otherwise                       removed
                    for general purposes; or


-
J
                    5.      Further order modifying this child support.

              B. Thereafter, unless modif ied by further order, IT IS
           ORDERED that DAVID FREDERICK CARY shall pay child support
           to JENNIFER LYNN CARY in the amount of $400 per month,
           continuing   on  the  1 st day of   each month  immediately
           following the date of the earliest occurrence of one of the
j          events specified above for the other child.

                If the children are eighteen years of age and either
....
J          or both children have not graduated from high school, IT IS
           ORDERED that Father's obligation to pay chi~,9\\\t~~~Q).r,r~ to
           Mother -shall_ not terminate but shall conti~~~~··· ..a~~~ng
           as the children (or child, as the case may ~~.."" arEfr~enit:(l-1:~d
           -                                                                   f*/~rl~\~~
                                                                               ~ \ f/~>7'- ~~~\ ) ~¥     ~
                                                                                ~~\""" ........ ' \</.;/./20          . ----lS;
           (FINAL DECREE OF DIVORCE)
                                                                                                           ...... ...
                                                                                    "" q.:::............ _ :::;.,.J \,--
                                                                                 -:", ("I

                                                                                      ""'
                                                                                            fll
                                                                                                  IN CO~~ \ \~~~..,-
                                                                                                  Illt""IlIU"\\\\\
    -             1.  under chapter 25 of the Texas Education Code in
            an accredited secondary school in a program leading toward
            a high school diploma or under section 130.008 of the
            Education Code in courses for joint high school and junior
    .,.     college   credit  and  are  complying   with  the  minimum
            attendance requirements of subchapter C of chapter 25 of
            the Education Code or

    •            2.   on a full-time basis in a private secondary
            school in a program leading toward a high school diploma
            and are complying with the minimum attendance requirements



    ..
            imposed by that school.

                 B. Withholding From Earnings:
        ,
                    IT   IS   ORDERED         that        any       employer          of    Father     shall       be

    .,.     ordered      to withhold            from      earriings             for   chi ld    support          from

            the disposable          earnings             of    Father       for       the    support        of    the




..
            children.
,
                   IT IS FURTHER ORDERED that                             all    amounts withheld from
    ,
            the    disposable           earnings         of     DAVID           FREDERICK       CARY       by     the

            employer      and     paid        in    accordance             wi th      the    order     by        that

            employer       shall        constitute              a        credit       against        the     child

            support      obligation.               Payment          of    the     full      amount     of    child

T           support      ordered        paid       by    this        order       through       the     means       of

            withholding from earnings shall discharge the child support



,.
            obligation.           If      the       amount          withheld          from     earnings           and

            credited against the child support obligation is less than

            one-hundred percent               (100%)          of the amount ordered to be paid

•
.1
            by    this   order,         the    balance          due

            DAVID-FREDERICK CARY                   and    it
I..
 )




            (FINAL DECREE OF DIVORCE)
...

       Child        Support       Disbursement             Unit,        P.O.     Box        659791,        San
...    Antonio, Texas 78265-9791.

            C. Order to Employer:

               On    this       date    the      Court     signed        an     Order       to     Withhold

...    Income       for Child Support.                  IT IS ORDERED AND DECREED that

       all payments by Father under the terms herein shall be made

       to    the     Texas       Child       Support       Disbursement              Unit,       P.O.      Box

.,..
I
       659791,       San       Antonio,       Texas       78265-9791           and    shall        then     be

       remitted       by       that     agency       to        JENNIFER        LYNN    CARY        for     the

       support       of    the    child.           IT     IS    FURTHER        ORDERED       that        DAVID


-      FREDERICK CARY shall pay all                        fees

       Payments shall be identified with the name of the obligor,
                                                                       charged by that agency.



       obligee, and cause number.

               IT    IS    ORDERED       that,       on    the     request       of    a     prosecuting

       attorney,          the attorney general,                  the title       IV-O agency,              the

       friend of          the Court,         a    domestic        relat ions off ice,               Mother,


,.     Father,

       clerk    of
                     or

                      this
                           an    attorney

                                 Court       shall
                                                  representing

                                                        cause      a
                                                                         Mother

                                                                        certified
                                                                                       or    Father

                                                                                            copy    of
                                                                                                           the

                                                                                                           any

       applicable          Employer's         Order       to Withhold           from Earnings              for



,.     Child

       Obligor.
                   Support

                          IT
                                 to

                                IS
                                        be

                                       FURTHER
                                                 delivered

                                                     ORDERED
                                                                  to

                                                                   that
                                                                         any     employer

                                                                               the    clerk
                                                                                                    of

                                                                                                   of
                                                                                                           the

                                                                                                          this
-   ,




                The Court         finds          that the part ies have agreed that no

        order to withhold from earnings for child support should be

        delivered to any employer of DAVID FREDERICK CARY as long

        as no delinquency or other violation of this child support

        order      occurs.                For     the     purpose       of      this        provision,                              a


.,.     del inquency has occurred if DAVID FREDERICK CARY has been

        in arrears for an amount due for more than thirty days or

... 1
        the amount of the arrearages equals or is greater than the

        amount      due     for       a    one-month period.                 If    a    delinquency or

        other violation occurs,                     the clerk shall deliver the order

.,
.1
        to withhold earnings as provided above .

                  ACCORDINGLY,               IT     IS     ORDERED         that,       as       long             as              no

        delinquency or other violation of this child support order

        occurs,       all     payments            shall        be    made    through            Texas               Child

        Support       Disbursement               Unit,     P.O.      Box     659791,            San Antonio,

        Texas      78265-9791,              and      thereafter             promptly            remitted                         to

        Mother for the support of the children. If a delinquency or



,
        other      violation              occurs,        all    payments          shall         be         made                  in

        accordance with the order to withhold earnings as provided

        above.




,
T         D. Support as Obligation of Estate:

i            IT IS ORDERED that the provisions for child supDort in                                        \\(1,,,11111 1,,,
                                                         ",\\\\\,CT C                                                          "111111



        this decree shall be an obligation of the                                      est~DA~W}'
...                                                                                      ::Q" \
                                                                                            f /
                                                                                                '.'-:'
                                                                                                                   h~"""~


,.
J       FREDERICK         CARY        and       shall     not       terminate      on       ~~                    ~.lJ£-of~··'~
                                                                                                  \                      \ .:r;:;g
                                                                                                           !/                       .'
                                                                                            ~                 "f~'
                                                                                            \~"'"
                                                                                             -:., 0···..
                                                                                                                               :.'1/
                                                                                                                        ~~.-<,,-,,,,
        (FIt;1\L DECREE OF DIVORCE)                                                              ""{~2'Iii;""'-"'--'~~"'"
                                                                                                      "ll       c~\\

...
                                                                                                            ""tlflllll'"




J
.,.

...
        DAVID        FREDERICK          CARY.         Payments       received   prior    to    or

        subsequent          to    the     death of      DAVID        FREDERICK CARY     for    the

        benefit        of        the      children        from        the   Social      Security

        Administration,                Department       of      Veterans     Affairs,      other

        government agency, or life insurance shall be a dollar-for-

        dollar offset credit against this obligation .
.,.             It is further ORDERED that DAVID FREDERICK CARY shall

        notify this Court and JENNIFER LYNN CARY by U.S.                              Certified

        Mail,    return          receipt      requested,        of    any change     of address

        and     of     any       terminations,           change,       or   commencement       of

        employment,           consulting            agreements,        or   board    positions.

        This notice shall be given no later than seven days after

•       the     change           of     address,        or    change,       termination,        or


.,.     commencement of employment,

        positions.
                                                       consulting agreements or board

                             This notice or a subsequent notice shall also

        provide the current address of DAVID FREDERICK CARY and the



-
        name    and     address          of   his     current    employer,      whenever      that
 I
        information becomes available.

          E. Insurance:

                IT IS ORDERED and the parties agree that each parent

        shall purchase and maintain in full force and effect a one

        million dollar                ($1,000,000.00)        life insurance policy which

        designates the parties'                  children

        parent        shall       choose        for    his


 .,..   (FINAL DECREE OF DIVORCE)
.,.
       beneficiaries,         in effect not later than April I, 2005.                          The

       parties      agree,         and     it     is   therefore       ORDERED,      that     this

       provision shall             remain        in effect,      and    the   life    insurance

       policies as set forth herein shall be required for as long

       as child support is payable under the terms of this Final


.,.    Decree of Divorce .

       are required to produce
                                          It is further ORDERED that the parties

                                                  to   the   requesting       parent,       within

       thirty      (30)     days     after receiving written request,                   written


.,.
       proof     from the          life    insurance company confirming coverage

       required pursuant to this Final Decree of Divorce.

,.     11. HEALTH         CARE:

               IT IS ORDERED that Father and Mother are each ORDERED

       to   provide        medical        support      and   health       insurance   coverage

       for each child the subject of this suit as additional child

       support      for     as      long    as     the   Court      may    order     Father     to

,.     provide      support        for     the    child under       sections       154.001     and

       154.002     of      the Texas        Family Code.            Beginning on        the    day

       Father~s      obligation to support the children under sections

       154.001 and 154.002 of                    the   Family Code        terminates,       IT IS

       ORDERED      that     Father        and     Mother     are      discharged     from     the




 ,.
       obligations set forth in this medical support order,                                 except




 .,.
 I




,.     (FINAL DECREE OF DIVORCE)



 ,.
 I
•      health insurance coverage for each child as set out in this

       order and shall furnish proof of such support and coverage

       to the other parent within 72 hours of receipt of a written

       request to so furnish.

.,.           1.    Definitions-


.,.
             "Heal th   insurance"    means   insurance    coverage      that
       provides     basic   health-care     services,    including      usual
       physician      services,    of fice    visi ts,    hospi tal i zation,

.,.
       prescriptions,      dental    and    opthamological      care,     and
       laboratory, X-ray, and emergency services, that may be
       provided through a health maintenance organization or other
       private    or    public    organization,     other   than      medical
.,.    assistance under chapter 32 of the Texas Human Resources
       Code.

            "Reasonable and necessary health-care expenses not
       paid by insurance and incurred by or on behalf of a child"
       include, without limitation, any co-payments for office
.,.    visits or prescription drugs, the yearly deductible, if
       any,  and medical,   surgical,  prescription drug,  mental
       health-care services, dental, eye care, ophthalmological,

,.     and orthondontic charges.   These reasonable and necessary
       health-care expenses do not include expenses for travel to
       and from the health-care provider or for nonprescription
       medication.

              "Furnish" means:

                      A.     to hand deliver the document by a person
                             eighteen years or older either      to  the
                             recipient or to a person who is eighteen
                             years or older and permanently resides with
                             the recipient;

 ...                  B.      to deliver the document to the recipient by
                              certified mail, return receipt requested, to


 ,.
 J

                              the   recipient's  last  known   mailing  or
                              residence address; or
                                                                       \\",,111 0   ""1
                      C.     to deliver the document to the rj-~"b..~q,11."",
                             the   recipient '8  last  known '~ -o."'~~.
                             residence address usi~g any ~er~~/ or .. i)J;~9\1:~
                             whose   principal  bus~ness  ~s :*ih   ",:bf' a\ =
                                                              \~~ t>~\lQ\ J.c:;}
 "j    (FINAL DECREE OF DIVORCE)                               X.R),·....... A4,~/
                                                                 ""1, f.(I.~ ;~~\' .../
                                                                   "/~lI:~~~ .."
                                courier or deliverer of papers or documents
                                either within or outside the United States.

              2.         Obligations of Each Conservator -
.,.                1. IT       IS       ORDERED AND DECREED           that        DAVID    FREDERICK

      CARY    shall        maintain heal th             insurance      for    the     children at

      his     sole       cost       and    expense,        as   additional        child     support,

.,.   until        the    children           reach     the      age   of     18    years     or    are

      otherwise emancipated, whichever occurs first.

                   2. The       decision        to    incur health         care      expenses      for

.,.   the benefit of each child shall be made by the                                       party in

      possession          of        the    child      at     the   time    such      health       care

      expenses are incurred.                    Reasonableness of the charges shall

      be presumed upon presentation of the bill.                                  Disallowance of

      the     bill        by        a     health      insurer      shall      not     excuse       the

      obligation of each parent to make payment.


...
.J
      costs
                   3.

                   for
                         Each party shall pay the co-payor prescription

                          each          child   named       herein    during        each     party's

      respective period of possession of each child,                                      subject to

      terms of reimbursement as set forth herein.

                   4.    The pol icy- holding parent is ORDERED and DECREED

      to furnish a copy of any health insurance card to the other

      parent within two weeks of receipt of same.




,.    such     major           medical          and     health

      (FINAL DECREE OF DIVORCE)
..,.
       certificate           and    schedule           of     benefits        wi thin         fifteen        (15)

       days     following          the    signing            of     these      Final         Orders.         The


.,.    policy-holding              parent         is     also          ORDERED         and       DECREED       to

       furnish        to     the    other     party           a    copy      of    any       renewals        of,

-,     changes to,           or discharges of that                      insurance policy within

       fifteen        (15)    days       after         the        issuance        of    the      renewal       or

       change.

                 6. The        policy-holding party                     is    ORDERED            and   DECREED


.,.
       to furnish to the other party within                                   ten      (10)       days    after

       written        request        from         the       non-pol icy-holding                  parent      any

       claim     forms        necessary           to     effect         and       make       a    claim      for

       medical        and     hospitalization                     benefits,        and        the      policy-

       holding party is ORDERED to complete the claim form within


.,.    ten    (10)    days after receipt and is ORDERED to forward the

       claim     within        three        (3)        days       to    each       insurance           company

       providing coverage for the child.

                 7. The            policy-holding                  party          is     designated             a

       constructive trustee to receive any insurance payments and

.,.
,
       any     accompanying           explanation                 of    benefits         forms         and     is



,.     ORDERED to endorse and forward to the other parent within

       three    (3)    days of receipt of any specific insurance checks

       or payments and explanation of benefits

       the     policy-holding               party            designated




,.     (FINAL DECREE OF DIVORCE)
.,.
      reimbursement for eligible medical expenses incurred by the

      non-policy-holding parent.

                  8.       Each parent        is    ORDERED      to    furnish       to       the     other
.,.
      parent      copies          of   all    statements        of    bills    for       such health

      care expenses,              and that other parent is ORDERED to pay the


.,.   statement and bills within ten                        (10)

      explanation of benefits form from the appropriate insurance
                                                                      days of receipt of an



      carrier either by paying the health care provider directly



.,.
      or by reimbursing the parent who has paid for any advance

      payment over and above the fifty percent                            (50%)      share of the

      uninsured health care expenses.

                  9.    (A)       IT   IS    FURTHER ORDERED           AND    DECREED           that     if

      health        insurance          coverage       for   the       children           is    provided

      through          a       health        maintenance         organization                 (HMO)     or

      preferred            provider         organization         (PPO),       the    parties            are

      ORDERED       to      use    health-care        providers         who    are       employed by

      the     HMO      or      approved       by    the   PPO    whenever        feasible.               If

      health-care expenses are incurred by using that HMO or PPO

      plan,    DAVID FREDERICK CARY is ORDERED to pay fifty percent

      (50%)       and       JENNIFER         LYNN    CARY   is        ORDERED       to        pay     fifty

      percent          (50%)      of   all    reasonable        and    necessary health-care

      expenses not paid



,.
      of    the     parties'




,.
      any     co-payments




,.
      (FINAL DECREE OF DIVORCE)
''I''"




         the     yearly       deductible,           if     any,     and    medical,         surgical,

         prescription          drug,        mental       health-care       services,        costs   of

         physical therapy and expenses incurred related to treatment

         of or expenses reasonably related to any disability of any

.,..     disabled        child         of     the        parties,         dental,      eye      care,

         ophthalmological,             and orthodontic charges,                  for as      long as
 .,..
         child support is payable under the terms of this decree.

,..                     (B)     If a party incurs health-care expenses for a

         child by using              the    services of           health-care       providers not
 .,..    employed by the HMO or approved by the PPO,                                 except    in an

         emergency,        without          the   written          agreement      of    the     other

         party,     the party incurring the services is ORDERED to pay
,.       one-hundred          (100%)       of all reasonable and necessary health-


.,.      care expenses not paid by insurance and incurred by or on

         behalf of the parties' child, as set out above.

                        (C)     If a party incurs health-care expenses for a

         child by using              the    services       of     health-care       providers not

         employed by the HMO or approved by the PPO in an emergency

         or with the written agreement of the other party, the party




 -
         incurring       the     services         is     ORDERED     to    pay      fifty     percent

 J       (50%)    and the other party is ORDERED to pay fifty percent

         (50%)    of all reasonable and necessary health-care expenses

         not paid by insurance and incurred by or

         parties' child, as set out above.


         (FINAL DECREE OF DIVORCE)
                      (D)    If the children are enrolled "in a health-care

      plan that is not an HMO or a PPO,                          DAVID FREDERICK CARY is

      ORDERED to pay fifty percent                    (50%)      and JENNIFER LYNN CARY

      is ORDERED to pay fifty percent (50%) of all reasonable and
.,.   necessary       heal th- care        expenses not          paid     by    insurance    and

      incurred       by       or     on    behalf     of      the      parties'      children,
or-
      including,       without        limitation,          the    yearly       deductible,    if

      any,     and     medical,           surgical,     prescription            drug,   mental


,.    health-care           services,

      and orthodontic charges,
                                           dental,

                                               for
                                                       eye

                                                      as long as
                                                                 care,    ophthalmological,

                                                                          child support      is

      payable under the terms of this decree.

                     (E)      This    provision       shall      not     be    interpreted    to

      include expenses for:

             1.    travel to and from health care provider;
r
             2.    nonprescription medication;

             3.    care by unlicensed health professionals; or

             4.    elective non-emergency surgical expense not
r
                   approved in advance by each party.

                     (F)     IT IS FURTHER ORDERED that all statements for

      medical expenses not paid by insurance shall be submitted

      to the other parent within forty-five                            (45)    days of denial

      of the insurance claim.
j


j


j     (FINAL DECREE OF DIVORCE)
          OF    DENIAL     OF    THE   INSURANCE    CLAIM   for    expenses     incurred
    .,.   after date of entry of these orders only.

    .,.   12.    INFORMATION REGARDING PARTIES AND THE CHILDREN:

                 The     information     required    for    each   party   by   section

          105.006(a) of the Texas Family Code is as follows:


    .,.   Name: DAVID FREDERICK CARY
          Social Security number:
          Current residence address:                                                   ,

          Mailing address:

          Home telephone number:
          Name of present employer: Not Applicable
          Address of employer: Not Applicable

.,.       Work telephone number: Not Applicable

          Name: JENNIFER LYNN CARY
          Social Security number:
          Current residence address:
          Mailing address:

,.        Home telephone number:
          Name of present employer: Jennifer Cary Designs, Inc.
          Address of employer:                  , Plano, Texas 75093

,.        Work telephone number:

          Name:
                                   (972) 608-0856




,.
          Social Security number:
                                           respective addresses of
               Father and Mother above


,.        Mailing address: See respective addresses of Father and
               Mother above
          Home telephone number: See respective addresses of Father
               and Mother above

          Name:
          Social Security number:
                                                        respective     addresses     of
               Father and Mother above
          Mailing address: See respective
               Mother above
          Home telephone number: See respective
j
               and Mother above


          (FINAL DECREE OF DIVORCE)
    .,.
                EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
    .,..   NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE
           REGISTRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
           ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF
           EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER'S LICENSE NUMBER,
           AND WORK TELEPHONE NUMBER.    THE PARTY IS ORDERED TO GIVE
           NOTICE OF AN    INTENDED CHANGE   IN ANY OF THE REQUIRED
           INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE
           CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED


    ,.
           CHANGE.  IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN
           OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE,
           THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
           BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF

    .,.    THE CHANGE •




    ,.
                THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER
           PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS
           LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN
           OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION

    .,.    OF OR ACCESS TO A CHILD •

                FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO
           PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE
           REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY
           RESULT   IN  FURTHER  LITIGATION   TO  ENFORCE   THE ORDER,
           INCLUDING CONTEMPT OF COURT.   A FINDING OF CONTEMPT MAY BE
           PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A
T          FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT


.,.
           FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS •



                  Notice shall be given to the other party by delivering

T          a   copy     of     the          notice     to        the   party         by    registered                   or

           certified         mail,          return    receipt          requested.              Failure                  to

           accept     certified         mail       shall     not       be   a    defense       to      lac]< of
           "
           notice.       Notice shall be given to the Court by delivering a

           copy of      the    notice         either        in    person        to   the    clerk of                 the

                                                                                                '~="J;h<4
           Court or by registered or certified mail                                   addre:,~~~.~~__ .~~i:-$)'"

j
           clerk.       Notice         to    the     state case registry                  Shaf~"-"'be_Avei1~(~\
                                                                               ~*f ~.:.;., :;-- ",,?,Y ~-'.:~
           according      to procedures               for    notification publtsr\ed "ID"YF\he j' 5

j                                                                                            \~2}~'.i~"'~·'· ·:~\.i~/
           (FINAL DECREE OF DIVORCE)                                                            ",,;.(1.   ---'-----:Al3.._'"
                                                                                                  "'-" 'tv COU\'l\~"'"
                                                                                                      OlttJllltfHtt\'\\\\
,..
 .,.
        title    IV-D agency under section 105.006 (g)        and chapter 234

        of the Texas Family Code.


,..     13.     WARNINGS TO PARTIES:



,.
             EACH PARTY WHO IS A PARTY IN THIS DECREE IS ORDERED TO
        NOTIFY THE OTHER PARTY AND THE CLERK OF THIS COURT WITHIN
        TEN DAYS AFTER THE DATE OF ANY CHANGE IN THE PARTY'S
        CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE
        NUMBER, NAME OF EMPLOYER, ADDRESS OF PLACE OF EMPLOYMENT,
        OR WORK TELEPHONE NUMBER.       THE DUTY TO   FURNISH THIS
        INFORMATION TO THE OTHER PARTY AND THE CLERK OF THE COURT
        CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER OR
        DECREE, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR IS
        ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.  FAILURE TO

,.      OBEY THE ORDER OF THIS COURT TO PROVIDE THE CLERK WITH THE
        CURRENT MAILING ADDRESS OF A PARTY MAY RESULT IN THE
        ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT
        PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING
        AT AN ADDRESS OF RECORD.

             FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR
        POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER
        LITIGATION TO ENFORCE THE ORDER,     INCLUDING CONTEMPT OF
        COURT.     A  FINDING  OF   CONTEMPT  MAY   BE PUNISHED BY
        CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO
;       $500.00 FOR EACH VIOLATION,     AND A MONEY JUDGEMENT FOR


,.
        PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.

             FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO
        THE PLACE AND IN THE .MANNER REQUIRED BY A COURT ORDER MAY
        RESULT IN THE PARTY NOT RECEIVING CREDIT FOR MAKING THE
j       PAYMENT.

             FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT
        JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR
        ACCESS TO A CHILD.   REFUSAL BY A PARTY TO ALLOW POSSESSION
        OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY
        COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
i

,.           UNLESS APPROVED BY THE COURT IN WRITING, AGREEMENTS
        BETWEEN THE
        CONTRARY TO,
                      PARTIES  REGARDING CHILD
                       OR IN MODIFICATION OF,
                                                 SUPPORT WHICH ARE
                                                THE COURT'S ORDERS
        HEREIN SHALL NOT BE RECOGNIZED BY THE COURT AND S~~~~"
        BE A DEFENSE TO-A--MOTION FOR CONTEMPT ALLEGING __~~.     ··-·.f~?>,,-;.
~
        PAY CHILD SUPPORT AS HEREIN ORDERED.            /Q. ./ ~~        . .;:... . \


-
    I




        m.~   """ 0'   o,w.e"                                     \:(jiC~)
                                                                    '-:.,Cl.:.--.........
                                                                        :;~4;, - . - . '--
                                                                                          ._/ '/<, __--


.,.
                                                                      'F;·(~fr~l.lt/ CCU\!\\~         . ."
                                                                           '{'rilflhlltllt,~\l\'\'"
.,..
         14 •   NOTICE TO PEACE OFFICERS:
....          NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:
         YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF
         CHILD CUSTODY SPECIFIED IN THIS ORDER.   A PEACE OFFICER WHO
.,..     RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S
         AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY
         CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD
         FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES
         IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD
         CUSTODY.   ANY PERSON WHO KNOWINGLY PRESENT FOR ENFORCEMENT
         AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN
         OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR
         AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.00.

         15.    DIVISION OF MARITAL ESTATE:

                The Court finds that the following is a just and right
 r
         division of the parties'                  marital estate,         having due regard

         for    the    rights        of     each    party    and     the     children    of     the

         marriage.

         A.     Property to Husband:

 r              IT     IS     ORDERED       AND    DECREED    that     the    husband,        DAVID

         FREDERICK CARY,             is    awarded    the    following       as his     sole and

         separate property,               and the wife is divested of all right,

         title, interest, and claim in and to that property:
 r
                H-l.        All   household        furniture,      furnishings,       fixtures,

                goods,        art     obj ects,      collectibles,           appliances,        and

                equipment in the possession of the husband or subject
  'j
                to his sole control, except as specifically awarded to

  r             wife herein,              to the extent disclosed

                in      each        respective        party's      sworn
     r          Appraisement, unless otherwise provided

         (rINAL DECREE or DIVORCE)
    -
    -            H-2. All clothing,                jewelry,      and other personal effects

                 in   the    possession of                the   husband        or    subj ect    to     hi s

                 sole control,             to the extent disclosed in discovery or

                 in    each          respective           party's        sworn        Inventory         and

                Appraisement, unless otherwise provided for herein.


    ..          H-3. All sums of cash in the possession of the husband

                or    subject         to    his     sale    control,          including       funds      on

                deposit,       together with accrued but unpaid interest,                                in

                banks,        savings             institutions,          or         other     financial




..
                institutions,              which     accounts       stand       in     the    husband's

                sole name or from which the husband has the sole right

                to     withdraw            funds     or     which        are        subject     to      the
,..             husband's        sale        control,       to     the    extent       disclosed         in


,..             discovery            or      in     each        respective           party's          sworn

                Inventory and Appraisement,                      unless otherwise provided

,.              for herein.


,..             H-4. All       sums,        whether matured              or    unmatured,        accrued

                or unaccrued,              vested or otherwise,                together with            all

I
~
                increases        thereof,           the    proceeds           therefrom,        and    any

                other       rights         related         to    any     profit-sharing              plan,

                retirement           plan,        Keogh    plan,       pension       plan,      employee

                stock option plan,                 401(k) plan,

                accrued

                benefits


         (fINAL DECREE OF DIVORCE)
,.

            present,        or         future         employment,                unless      otherwise

            provided for herein.

           H-S. All        individual            retirement                accounts,        simplified

           employee        pensions,            annuities,                and    variable          annuity

           life      insurance          benefits            in       the        husband's       name     or

           arising         out         of   his         past,             present,         or       future
T
           employment, unless otherwise provided for herein.

,.         H-6. All        policies         of    life       insurance             (including          cash


,.         values)      insuring the husband slife,

           provided for herein.
                                                                 I                unless otherwise



           H-7.      The         automobile             (2004              Acura          MDX) ,        VIN

           2HNYD1893414S14002,                   in     the            husband's           possession,

           together with all                prepaid insurance,                     keys,    and      title

           documents.

           H-B. All applicable unused tax carry-forwards and AMT

           credits.

           H-9.      The firearms collection and book collection.




,
           H-10. Fifty percent               (50%) of the i2 Technologies stock

            accumulated            during             the            parties'         marriage           as

            specifically           detailed            in        the       Mediated         Settlement

           Agreement,            and    incorporated                 herein      by   reference         and

            also described             herein under section                       15 (B) (W-12),        and

            One    Hundred         percent        (100%)             of    the

 j          stock accumulated prior to marriage.


 j   (FINAL DECREE OF DIVORCE)
    I


~
.,.
        H-ll.            Fi fty     percent          (50%)      of     the      following:

        Battery    Ventures          VI,      L.P.;       octane      Capital     Fund   I,

        L.P.;     T.L.     Ventures          V,     L.P.;     Neon      Systems,     Inc.;
                                   r:rr L... p.
        Viridian Ventures; and Factory Logic,                         Inc., along with

        and subject        to     fifty percent             (50%)     of any liability

        thereon,     whether          such        interests         herein   consist     of

        stock,     restricted              stock,     outstanding            options     to

        purchase     shares         of     stock      in     each      entity,     limited

        partnership interests, or other interests.

        H-12.            The Morgan Stanley accounts, subject to any
I
~       debt     thereon          (after      children         and     wife's      portion

        described as set out herein has been distributed).

        H-13.    One-half          (1/2)     of     the      2003     Internal     Revenue

        Service Refund.

        H-14. The Buffalo Bill framed poster.

        H-15. His great-grandmother's gold coin from prior to


-       the civil war to the extent it can be found.



..
.'J

        H-16.    Two whi te bibles inscribed by Husband for                              the

    ,   children (twins) on their baptism, if found .


.,.     H-17. Husband's daughter Jessalee's quilt, if found .

        H-18.     Accu     Tek      .38      caliber        pistol,      serial     number




j
             H-21. Venetian glass pitcher and eight (8) glass set .
.,.          H-22.          One       (1 )      suit-case      at     Prestonwood           Luggage,

             subject to any debt thereon.

             H-23. The Cary Atlas.

             H-24. One-half                  (1/2)    the children's clothing,              toys and

             possessions; the parties are ORDERED to so divide such

             clothing,            toys,        and    possessions       in    existence        as    of

.,.          July 9, 2004, as soon as practical thereafter .


.,.          H-25. One-half                  (1/2)   of the funds on deposit with Bank

             of America,              the balance to be              split     equally and          the

             account          divided         and     liquidated     wi thin    ten     (10)     days


.,.
             following the date of entry of this order .

             H-26.           One-half          (~)   of any and all proceeds received

             from any class action suits filed                           in relation to any

             stocks accumulated during the marriage by the parties.

             It is further ORDERED that the party who receives any

             funds          pursuant           to     this    section        shall    act      as     a



,.
             constructi ve            trustee         for    the    other     party's       portion,

             and      shall       tender        all    sums   owing     to    the    other      party

             within 3 days of receipt of same, along with a copy of
;-
             any and all documentation received in relation to the

             settlement               and       proceeds       received         as      a      result



,.           therefrom.




,.
      (t!HP~ DEC~E£   or   DIVO~CE!



I
L

             H-27.        Any         assets        not    disclosed          in     a    party's     sworn

              Inventory          and     Appraisement                 or    through       discovery     and

             not       divided          herein        or        in     the    Mediated        Settlement

             Agreement,                incorporated             herein        by         reference,     are

             awarded to the party not in possession                                       (this does not


.,           include         personalty,              furnishings,                jewelry    defined     as

             personal jewelry not intended for resale,                                      etc., and is

             intended to include bank accounts, investments, etc.).


.,           H-28.        The Stonebriar Club Membership .

             H-29.        The Dallas Gun Club Membership.

             H-30.         One-half of the proceeds                          from the sale of the


.,           Barton

             received
                            Creek

                               by
                                         Club

                                       either
                                                     Membership;

                                                     party,           the
                                                                             if

                                                                             party
                                                                                   the     proceeds

                                                                                         receiving
                                                                                                        are

                                                                                                       such

             proceeds shall hold the other party's hal f                                       in trust,

             to be disbursed to the other party within 72 hours of

             receipt of same.

             H-31.        One-half             of     the       undivided           interest     in     the



.,
             Arboretum membership.

             H-32.       The      brass        plaque previously gifted by his                          ex-


,.           wife.



,.
             H-33. All wood-craft ornaments.

             H-34.       The      framed        art       co;nmernorating           the birth of        the

             children,           in      relation          to        the    child

             Cary.


'r   : F! I~AL DECREE Of 01 VOf<CE:
.
I




.,.
               H- 35.        In    regard          to    the   existing        Family     photographs,
.,.
               Husband shall view all photos and uniquely mark those

...            photos which he wishes to have.                            Those family pictures

               marked only by Husband are awarded to Husband.                                                 Those
.,.            family pictures marked by both Husband and Wife shall


.,.            be       copied,              using      negatives       when     possible.                       Upon

               completion               of    duplication,        the    parties,        by alternate
.,.            selection,               shall chose one by one until dissemination

               is       completed.                 Parties       choosing       the     original                    are

               entitled           to         the   respective       negatives.           Cost            of         the

               reproduction shall be equally shared.

      B.       Property to Wife:

               IT IS ORDERED AND DECREED that the wife,                                 JENNIFER LYNN

      CARY l i s         awarded             the     following    as     her    sole     and         separate

      property,          and the husband is divested of all right,                                         title,

      interest, and claim in and to that property:

               W-l. All           household             furniture,       furnishings,             fixtures,

               goods,          art           obj ects,     collectibles,          appliances,                       and

               equipment in the possession of the wife or subject to

               her sole control,                     to the extent disclosed in discovery
r
               or       in     each          respective        party's     sworn       Inventory                    and

               Appraisement, unless otherwise provided for herein.

               W-2. All clothing,                     jewelry,    and other       pers~t\f~.~I:&:a;f;'s..
               in the possession of the wife or                                subjecl1~~~~·~:Y.f\
                                                                                       \~"ji!J":\'i!i)
                                                                                       - -t.. """ ... ,.          .-'7    . '" -




      (FINAL   D£C~EE   OF   DIVO~CEI
                                                                                          "';,,~''''''-- __ ..<:., .      t,
                                                                                             ""/~/ftl C(}.\J:"\\ ~~ :..",.
I                                                                                               ,t:l:lJt'IUlUI';'\)\\\"


P.
             control,        to     the    extent     disclosed         in   discovery or in

              each         respective          party's         sworn            Inventory        and

             Appraisement, unless otherwise provided for herein.

             W-3. All sums of cash in the possession of the wife or

             subject        to      her     sole      control,          including       funds     on


,.           deposit,

             banks,
                            together with accrued but unpaid interest, in

                            savings         institutions,           or       other      financial

.,.          institutions,           which accounts stand in the wife's sale

             name     or    from      which     the    wife       has    the     sale   right     to

             withdraw funds or which are subject to the wife's sale

             control,        to· the       extent     disclosed         in discovery or           in

             each        respective           party's          sworn            Inventory        and

-
I            Appraisement, unless otherwise provided for herein.

             W-4. All        sums,        whether matured or unmatured,                      accrued

             or unaccrued,            vested or otherwise,                together with          all

.,.          increases         thereof,       the      proceeds         therefrom,       and     any


.,.          other

             retirement
                         rights        related

                                   plan,    Keogh
                                                      to

                                                      plan,
                                                            any     profit-sharing

                                                                  pension       plan,
                                                                                               plan,

                                                                                         employee

             stock option plan,              40l(k) plan,          employee savings plan,
j'"

             accrued        unpaid         bonuses,        disability        plan,      or     other
j            benefits         existing        by      reason       of     the     wife's       past,

             present,         or       future       employment,
j
             provided for herein.

j


j     (FINAl- DECREE Of DIVORCE]
               W-S. All            individual             retirement          accounts,          simplified

               employee           pensions,            annuities,            and   variable          annuity

               life insurance benefits in the wife's name or arising

               out of her past, present, or future employment,                                           unless

              otherwise provided for herein.

              W-6. All            policies          of     life     insurance        (including            cash



,.
              values)           insuring            the     wife's      life,      unless         otherwise

              provided for herein.


.,.           W-7. The              automobile              (2004       Lexus        GX         470) ,     VIN

               JTJBT20XS40030624,                   in the wife's possession,                      together

               with all prepaid insurance,                        keys, and title documents.


,.             w- 8.

               refund.
                          One-hal f           the    2003    Internal         Revenue       Service         tax



               W-9. The business known as Jennifer Cary Designs Inc.,

               a/k/a Jennifer Cary Designs and the business known as

               Romantic Resources,                    including but            not   limi ted        to all

               furniture,                fixtures,        machinery,         equipment,          inventory,

               cash,         accounts           receivable           and      accounts          previously

               disclosed                 in    discovery          or       sworn      Inventory             and

               Appraisement,                  goods,        and      supplies;            all      personal




,.
               property used in connection with the operation of such




,.             present,           or      future,

               with the operation of such business.
                                                          arising      out    of




,.
      ( f'1 r~"L [)E:CkE:E Of D!VORCE!
.,.
      W-10. $75,000.00 payable to Wife from Husband from the
.,.
      Morgan        Stanley           account        on       the     day     the     divorce   is

.,.   granted in open Court,                       receipt of which by Respondent

      on July 19, 2004 is hereby acknowledged.

      W-11. Fifty percent                       (50%) of the i2 Technologies Stock

      accumulated during the marriage,                                which is as follows:

      1,820        shares            in     i2      Technologies              stock      acquired

      10/30/1998;         one-half               (1/2)    of    the 1,944           shares in i2

      Technologies stock acquired 4/30/1999; one-half of the



,.
      80      shares            of         i2      Technologies               stock      acquired

      10/23/2000; and one-half (1/2)                            of the 200 shares in i2


,.    Technologies stock acquired 3/26/2001.

      W-12.    One-half

      following:        Battery Ventures VI,                          L.P.:    Octane Capital



,.    Fund

      Inc.;
              I,     L. P . ;

                Viridian
                                     T.L.

                                      Ventures,
                                                Ventures
                                                    rJf~. p.
                                                          and
                                                                V,    L.P.;

                                                                     Factory
                                                                                Neon     Systems,

                                                                                    Logic,   Inc. ,

      along     with       and            subject        to     any       liability      thereon,

      whether       such        interest           consists          of     stock,     restricted

-
.1
      stock, outstanding options to purchase shares of stock

      in     each     entity,              limited        partnership           interests,      or
j
      other interests.

j




j
.,.

                      clothing,          toys,        and     possessions          in    existence          as   of

                      July 9, 2004, as soon as practical thereafter.

                      W-14. One-half (1/2)                  of the funds on deposit with Bank

                      of America,             the balance to be split                     equally and the

                      account        divided        and     liquidated within                 ten    (lO)    days

                      following the date of entry of this order.

                      W-lS.         One-half          (~)   of any and all proceeds received

                      from any class action suits filed in relation to any

                      stocks accumulated during the marriage by the parties.

                      It is further ORDERED that the party who receives any

                      funds        pursuant           to    this         section        shall       act     as     a



-
                      constructive             trustee        for    the       other     party's        portion,
I

    J                 and      shall     tender        all 'sums         owing     to    the      other     party


,.                    within 3 days of receipt of same, along with a copy of

                      any and all documentation received in relation to the

                      settlement              and      proceeds           received           as     a       result

                      therefrom.

                      W-16.       Any        assets     not      disclosed        in     a    party's        sworn


•                     Inventory         and     Appraisement              or    through       discovery          and
    I


 .J


                      not       divided        herein       or      in     the     Mediated         Settlement

                      Agreement,              incorporated          herein         by        reference,          are




    .   .1
                      include         personalty,           furnishings,           jewelry




        _i   (fINAL            Of D!VORCEI



        ,.
                      DECRE~
                personal jewelry not intended for resale,                                 etc., and is

                intended to include bank accounts, investments, etc.).


-               W-17.

                Barton
                            One-half of the proceeds

                               Creek        Club       Membership:
                                                                           from the sale of

                                                                           if     the    proceeds
                                                                                                         the

                                                                                                         are

                received          by      either       party,       the    party        receiving       such


.,.             proceeds           shall        hold      the    other     party's        half     of    the

                proceeds in trust,                   to be disbursed to the other party
.,.             within 72 hours of receipt of same .

                W-18.        One-half           of        the    undivided        interest        in     the

                Arboretum membership.

                W-19.       The      framed art            conunemorating         the birth of           the

                children,           in     relation         to   the      child

•
,


                W-20.       In regard to               eXisting        Family photographs,              Wife



.
,


    I
                shall view all photos and uniquely mark those photos

                which        she         wishes      to     have.         Those       family     pictures

                marked only by Wife are awarded to Wife.                                  Those family



..
                pictures          marked        by     both      Husband        and     Wife     shall    be

    I
                copied,            using          negatives         when        possible.               Upon

                completion of duplication,                          the    parties,       by   al ternat~
    j
                selection,           shall chose one by one until dissemination

                is      completed.
r
..
J
                entitled           to     the

                reproduction shall be equally shared.


    -
    J


,.
        I FlI~;'.L DECREE OF DIVORCE I
.,.

        C.      Debts to Husband:

                IT     IS     ORDERED         AND    DECREED         that    the     husband,    DAVID

        FREDERICK CARY,             shall pay, as a part of the division of the

        estate       of     the    parties,         and    shall      indemnify       and hold        the

        wife     and      her      property         harmless         from    any     failure     to   so


.,.     discharge, these items:

               H-1. Any           and        all    debts,       charges,         liabilities,        and

               other obligations incurred solely by the husband from


,.              and after the date of January 17,

               provision is made in this decree to the contrary.
                                                                            2004, unless express



...
 •
                H-2.        All     encumbrances,               ad    valorem        taxes,     liens,

                assessments,             or other charges due or to become due on

                the real and personal property awarded to the husband

                in     this       decree       unless     express          provision     is    made    in

                this decree to the contrary.




,.
               H-3.         Debts incurred in his own name unless otherwise

                provided herein.

                H-4. Husband             represents        that       he    has    not   opened       any

                accounts narning Wi fe as a liable party.                                The parties


,.
I
                agree,

                line        of
                              and it is therefore ORDERED,

                                  credi t      taken      out    without       the
                                                                                  that any debt or

                                                                                      other     party's

                knowledge           or

                disclosed               in
    j           Appraisement


        ( f'1 NAt DECREE Of DIVORCE I
             herein     or       in   the    Mediated      Settlement      Agreement    is

             awarded to the party who took out the debt or line of

             credit and failed to disclose same during the pendency



..
             of the divorce.

      D.    Debts to Wife:

             IT IS ORDERED AND DECREED that the wife, JENNIFER LYNN

      CARY, shall pay, as a part of the division of the estate of
.,.   the parties,       and shall indemnify and hold the husband and

      his property harmless                 from any      failure    to    so discharge,

      these items:

            W-l. Any         and      all   debts,     charges,      liabilities,      and


.,.
            other obligations incurred by the wife from and after

             the date of January 17, 2004 unless express provision

.,.         is made in this decree to the contrary .


,.
            W-2. All         encumbrances,           ad    valorem        taxes,   liens,

            assessments, or other charges due or to become due on

,.          the real and personal property awarded to the wife in

            this decree unless express provision is made in this

•,          decree to the contrary .

            W-3.     Debts incurred in her own name unless otherwise



,.
            provided herein.

            W-4.     All      encumbrances,          ad     valorem       taxes,   liens,




      (FWAL DECREE OF DIVORCE)
..
...
-
              a/k/a Jennifer Cary Designs,                            or the business known as




..
              Romantic              Resources        awarded         to        wife    in     this     decree

              unless express provision is made in this decree to the

              contrary.

              w-s.    Wife           represents          that        she       has     not     opened     any


.,.           accounts              naming      Husband         as     a       liable        party.       The

              parties agree,               and it is therefore ORDERED,                             that any

.,.           debt        or    line      of    credit      taken          out       without    the     other


.,.
              party's knowledge or consent during the marriage,                                           and

              not         disclosed            in    a    party's              sworn        Inventory     and

              Appraisement                or    through         discovery             and     not     divided

              herein           or    in    the       Mediated         Settlement             Agreement     is

              awarded to the party who took out the debt or line of

              credit and failed to disclose same during the pendency

              of the divorce.

       E:.    Notice:


.,.    to
              IT

             the
                     IS    ORDERED AND

                     other party,
                                                    DECREED

                                               wi thin
                                                                that each party shall send

                                                          three days              of    its    receipt,     a

       copy     of     any          correspondence          from           a    creditor        or     taxing

       authority concerning any potential                                  liability of             the other

       party.

       F.     Indemnity Clause:

              Each party represents and

       not    incurred          any       outstanding


 ,..   (rIHAL DECREE OF DIVORCE:)
•

        liability on which                     the other party            is    or may be            liable,

        other        than    those        described        in     this     decree.            Each     party

        agrees       and     it     is    ORDERED        that     if     any    claim,        action,     or

        proceeding is hereafter initiated seeking to hold the party

        not assuming a debt, an obligation, a liability, an act,                                          or

        an     omission        of        the     other    party         liable        for     such     debt,

        obligation,         liability,           act, or omission of the other party,

.,.     that other party will,                    at his or her sole expense,                        defend

        the    party        not     assuming        the        debt,     obligation,          liability,

        act,    or omission of the other party against any such claim

        or demand,          whether or not well-founded,                        and will indemnify

        the    party        not     assuming        the        debt,     obligation,          liability,
,..     act,    or omission of the                  other party and hold him or her

        harmless        from        all        damages     resulting           from     the     claim     or

        demand.

.,.             Damages,          as      used     in     this         provision,           includes     any

        reasonable loss,               cost,     expense, penalty,              and other damages,



..
        including           other          costs         and      expenses            reasonably         and

    ,   necessarily incurred in enforcing this indemnity .


,.              It     is     ORDERED            that

        reimburse the indemnified party, on demand,
                                                          the      indemnifying              party

                                                                                      for any payment
                                                                                                        will



        made by the indemnified party at any time after the entry



,.
,
L
        compromise or settlement of claims, demands, or actions for
.,.     any damages to which this indemnity relates.

                 The parties agree and it is ORDERED that                                  each party

        will      give           the    other    party     prompt     written       notice         of        any

        litigation               threatened       or     instituted     against        either         party


.,.     that might constitute the basis of a                                claim for         indemnity

        under this decree.

        G.      Attorney's Fees:


.,.     parties
                To effect an equitable division of the estate of the

                       and as            a part    of     the division,         and    for        services

        rendered in connection wi th conservatorship and support of

        the children, each party shall be responsible for and shall
.,.     pay his             or    her    own     respective      attorney's        fees      and      costs

        incurred as a result of legal representation in this case,
T
        if any,         provided however,                that if a party shall hereafter

..,.    be    required to                file    suit    in order to         enforce      any of             the


.,.     provisions

        Agreement,
                                 of    this     Decree    and/or      the Mediated Settlement

                                 then and in that event the party prevailing in

        such       suit           will     be     entitled       to    recover        that         party's



 ,.     ~e~sonable               attorney's

        connection with such enforcement.
                                                   fees    and     court      costs     incurred               in



        16.      Liabili               for Federal Income Taxes for Prior                         a ,i"",
  j                                                                                     "", 0.\     CO"'r"
                 A.          IT       IS ORDERED AND        DECREED         that   Drf;i}:"~"nDt~~
  T
    I
        CARY and JENNIFER LYNN CARY shall                              be    equalic/~~f;;fs~~~t\
                                                                                 ~ \ -r~t;ij   . ~\ fC/)~
                                                                                  \~\
                                                                                   .\ ci:.....
                                                                                                 ',\... ./.vt/~,,;:

    j   t fINAL DE:Cf.;EE   or mVORCE}                                                "'~~~fiV'co~'~"'~ 1
                                                                                           """",,,I  t1 '"
L
      for all federal income tax liabilities of the parties from

      the date of marriage through December 31,                                2003,   and each

      party     shall       timely    pay       50     percent    of     any    deficiencies,

      assessments,          penal ties,      or      interest due        thereon and shall

      indemnify and hold the other party and his or her property

      harmless       from        50 percent of such             liabilities       unless    such

      addi tional       tax,      penalty,        and/or   interest       resulted        from    a

.,.   party's       omission of        taxable         income    or     claim of       erroneous


.,.   deductions.        In such case,            the portion of the tax, penalty,

      and/or interest relating to the omitted income or claims of

      erroneous deductions shall be paid by the party who earned


,.    the omitted· income or proffered the claim for an erroneous

      deduction.        The parties agree that nothing contained herein

      shall    be    construed as or              is    intended as       a     waiver of any

      rights     that        a     party    has        under     the     "Innocent       Spouse"

      provisions of the Internal Revenue Code.


.,.   made
              It is further ORDERED and DECREED that if a refund is

               for    overpayment          of     taxes    for     any    year     during        the

      parties'       marriage        through         December     31,    2003,     each    party


,.    shall be entitled to fifty percent (50%) of the refund,

      the party receiving the refund check is designated as the
                                                                                                 and




 ,.
 ,.
 ,.
     the     total          amount    of     the    refund        within    five        (5)     days     of

     receipt of the re fund check.                          Ei ther party is ORDERED to

     endorse           a    refund     check        upon    presentation           by     the        other

     party.

             B.        Treatment/Allocation of Community Income for 2004:

             IT IS ORDERED AND DECREED and the parties agree that,

     for the calendar                (tax)    year 2004,          each party shall file an

     individual              income     tax        return     in     accordance               with      the

     Internal Revenue Code.                        IT IS FURTHER ORDERED AND DECREED
r
     and the parties further agree that DAVID FREDERICK CARY and

,.   JENNIFER LYNN CARY shall each have the right to claim one


,.   dependency             exemption        regarding       their     twin    daughters,               and

     each party agrees                to     execute an           Internal    Revenue            Service

     Form 8332 in favor of the other party waiving the right to
r
     claim one              such   exemption        for     future    tax     years           wi thin    72

     ~ours    of presentation of such form.                          IT IS FURTHER ORDERED

     and     the       parties       further        agree    that     DAVID    FREDERICK CARY
r
     shall        be       awarded    all     unused        tax    carry-forwards               and     AMT

     credits.

             C.            IT IS ORDERED AND DECREED that for calendar year
r
     2004,    each party shall indemnify and hold the other party

r

r
r
r
         their        tax        liability         in        a      manner        different           from       that

         reflected on their returns.

                 D.         IT    IS ORDERED AND DECREED                         that each party shall

         furnish such information to the other party as is requested

         to   prepare            federal        income             tax     returns       for        2004     within

    ..   thirty        days       of        receipt          of     a     written        request           for    the

         information,                 and     in        no         event         shall        the      available
    ..   information             be    exchanged             later        than    March        1,    2005.        As

         requested information becomes available after that date,                                                 it

         shall be provided within ten days of receipt.

               E.        IT IS ORDERED AND DECREED that                                  all payments made

         to   the       other          party       in        accordance           with      the       allocation

         provisions for .payment of federal income taxes contained in

,.       this Decree of Divorce are not deemed income to the party

         receiving          those           payments         but         are    part     of     the        property
,.       division and necessary for a just and right division of the

         parties' estate.



,.
               F.           IT        IS     FURTHER         ORDERED           AND     DECREED        that       both

         parties shall                receive notification of any and all                                   amended


,.       tax returns prepared to be filed,

         amendment,           within          three          (3)    days
                                                                           by the party seeking the

                                                                                of     completion           of    the

         amended tax return.                   Such notification shall

         of      the         amended           return,               along           with

r

-
         documentation.


!
                                                                                       ------                    -

 17.      Other Orders:

 A.
           IT IS ORDERED and the parties agree that Husband and

Wife          shall         equally          pay       all    educational            expenses        of    the
children                (including              but    not        limited       to    required        books,

agreed         tutoring,                  required uniforms,               required         supplies       and

agreed extracurricular activities)                                      for the school year 2004

 (only),           and shall pay one-half                          (1/2)    each the tuition due

to      Shelton             School           for      both        children's         tuition      for      the

school year 2004                      (only) on or before August 1, 2004.                               IT IS

FURTHER             ORDERED               and      the       parties           further       agree        that

thereafter the school(s)                              of each child shall be determined

by     tribunal               in       the       absence          of    parental         agreement,        as

further detailed below.

B.       IT        IS ORDERED               and       the parties          agree      that    $75,000.00

from      a    Morgan             Stanley          account         shall       be    used    to   fund     an

account            for      the children to be expended by agreement                                      for

educational                expenses             for the children,               and in the .absence

of     agreement,                the       decision          of    a    majority       of    a    tribunal

shall control as tie-breaker, as further detailed below.

C.       IT IS ORDERED and the parties agree that the parents

shall         each        have        a    mutual        first         right    of    refusal        in   the




(FIHP.L DECf,.EE   or    DIVI)f<CE)
      to noti fy the other party as                         far      in advance as practical

      and/or as soon as possible in each such event in order to

      afford reasonable notice to that party to exercise such an

      option on each such occasion hereafter.

      D.     IT     IS ORDERED          and the parties agree that each parent

      shall have reasonable telephone access with the children.

      E.      IT    IS ORDERED          and the parties agree that each parent

      is awarded one-half                   (1/2)       of the children's clothing,              toys

      and possessions              and the parties                are ORDERED to so divide

      such     clothing,          toys,       and       possessions        in   existence      as   of

.,.   July 9, 2004, as soon as practical thereafter .

      F.      IT    IS    ORDERED           and    the parties agree             that any assets

•     not disclosed in 'a party's sworn Inventory and Appraisement

      or     through        discovery             and     not    divided        in    the    Mediated

      Settlement Agreement, attached as EXHIBIT "1",                                   incorporated

      herein        by    reference,              are    awarded      to    the      party    not    in

      possession          (this does not include personal ty,                          furnishings,
I
~
      jewelry        defined           as     personal          jewelry     not       intended      for

      resale,        etc.,       and    is        intended      to    include        bank   accounts,

      investments, etc.).

      G.      IT IS ORDERED and the parties agree that Husband shall

      have     an     opportunity

      2801      Covey        Place,

      facili ty holding property for wife



      I f'lHH. m:CF'.EE OF O:VORCE:)
 ,..
       seven      (7)      days of entry of this decree,                   during reasonable

       hours,       accompanied by counselor a representative thereof)

       for     purposes          of     identifying        and       claiming      his     separate

       personal property, which he is herein awarded.

       18.     Release:

               IT    IS ORDERED and           the parties agree that each party

       releases         the      other     party    from       all     claims,     demands,       and

,.     causes of action each may have against the other,                                  save and

       except       those covenants,           duties,         and obligations set            forth

       in this Final Decree of Divorce.

,.     19.     Full Disclosure:


,.
               IT IS ORDERED and the parties agree                             that each party

       represents           that      they   have        made    a     fair      and     reasonable

       disclosure           to    the     other     of    the     property        and     financial

       obligations known to them.
.,.    2,0.    Finding on Family Violence:


,.             The      Court      finds     that    there

       child neglect or family violence by any party to this case
                                                                 has    been     no     pattern    of



       within        two      years      preceding       the     filing    of     this     case    or


.,.
       4urin g      the pendency of this case .

       21.     Tribunal on Future Disputes on                             Educational        and/or
               Medical Decisions for Each Child:




        (rIl~AL DECREE Of" DIVORCE)
       in    writing            before      entry      of    this     Decree,         or     some     other

       agreed-upon nominee) shall serve as tie-breaker.

       22.     Court Costs:

               IT        IS    ORDERED        AND   DECREED       that       all      costs      of    court

       expended               in     this      case     are       taxed          one-half          against

       Petitioner,                 DAVID    FREDERICK        CARY         and      one-half         against

       Respondent,                 JENNIFER    LYNN     CARY,       for    which       let       execution

       issue.

       23.     Clarifying Orders.
-,.
I



               Without affecting the finality of this Final Decree of

       Divorce,          this Court           expressly reserves                the    right      to make

       orders necessary to clarify and enforce this decree.                                            IT IS

       FURTHER ORDERED that this decree shall serve as a muniment

       of    title        sufficient          to    transfer        ti tIe      in    the    absence      of

       other documents, if applicable.

.,.            IT        IS    FURTHER        ORDERED       AND   DECREED            that    each      party

       shall    execute any and all                     documents          required         to    transfer

       title        to        any    real     or    personal        property          awarded         herein

..,.   pursuant to the terms of this order and shall return such

       signed and properly executed documents                                   to    the appropriate

       party within 72 hours of presentation.

.,.    24.     Relief Not Granted .

               IT        IS    ORDERED        AND     DECREED       that        any

       relief requested by either party or which


.,
        requested by ei ther party      in this   case   and   not   expressly

        granted herein is denied and/or is waived.

        25.    Date of Judgment:



        SIGNED on     __(U;;4~--=-- ~
                               ______ ,                  2004.




...
    .
                                                  wkh-
                                              JUDGE PRESIDING



                     AS TO FORM ONLY:


,.                                                &~
        C                                     RICK ROBERTSON
        Attorney for Petitioner               Attorney for Respondent
        Gunnstaks Law Office                  Koons, Fuller, Vanden
        15150 Preston Road, #300              Eykel & Robertson
        Dallas, Texas 75248                   5700 W. Plano Parkway
r       Tel: (972) 392-2300                   Suite 2200
        Fax: (972) 763-2469                   Plano, Texas 75093
        State Bar No. 08624370                Tel: (972) 769-2727
                                              Fax: (972) 769-0313
                                              State Bar No. 17070700

        APPROVED AND CONSENTED TO
T
        AS TO BOTH FORM AND SUBSTANCE:


j"

        DAVID FRE~~
        Petitioner
j




        (FINAL DECREE OF DIVORCE)
     ,
                                       '-·.-L . . . . _
                                                      t

                                                                                                         -
     ,
                                                          -~--
 ,
,
I'                                                                                 (

                                                 NO. 380-54606-03


         IN THE MATIER OF                                 §           IN THE DISTRlCf COURT
         THE MARRIAGE OF                                  §
                                                          §
         DA VID FREDERICK CARY                            §
         AND                                              §
         JENNIFER LYNN CARY                               §           380TR JUDICIAL DISTRICT
                                                          §
         AND IN THE INTEREST OF                           §
                                          AND             §
                                                          §
                                                          §
         MINOR ClllLDREN                                  §           COLLIN COUNTY, TEXAS


                                MEDIATED SEITLEMENT AGREEMENT


         1.   ~;


              The parties to this Agreement are:

              (A)     JENNIFER LYNN CARY, who is called "Wife" and/or "Mother".

              (B)     DA VID FREDERlCK CARY, who is called ''Husband'' and/or "Father".

              They are sometimes called "each party" and collectively, they are called "the Parties n.

         2.   Scope of Agreement:

              The parties agree to settle all c1aims and controversies between them, asserted or
              asscrtable, in this case excepl---=-N.:.,:O=A....;..E_ _ _ _ _ _ _ _ _ _,

         3.   TIllS AGREEMENT IS NOT SUBJECT TO REVOCATION:

              TInS AOREEMENI SHALL BE BINDING ON TI-IEPARTIES AND SHALLNOI
              BE SUBJECT TO REVOCATION. TIlE PARIlES SHAH. BE ENlII1.Bp TO A
              lUDGMENI ON THE MEDIATED                             SEffiEMENI       AGREEMENT
              NOIWIDISIANDING RULE 11. TEXAS RULES OF CIVIL PROCEDURE OR
              ANY OrnER RULE OF LAW.

                                                          PAGE I
               4.        Grounds:
  ...
                         The divom: shall be granted on the grounds of     INSUl/fJJ-i!rfiury
 ,..           5.        Diyision of the Property:

                         Pursuant to the terms and provisions set forth herein, as well as those set out in
                         Schedules "A" and ''B'', such Schedules being at1acbed hereto and for all purposes
                         incorporated herein.

                         (X) Wife· Sch. A.                      (X) Husband· Sch. B.

               6.
I,..                     (A) Wife is a.warded all accounts in her narne or under her cootro~ unJess otherwise
                         provided for herein.                                                      .
,.                       (B) Husband is awarded all accounts in his name or under his contro~ unless
                         otherwise provided for herein.

,.             7.        LifeJDS~:


                         (A) Wife will receive aU policies ofinsllT8llce on her life.
'T"
                         (B) Husband will receive all policies of insurance on his life.




                                                                                                 %toWifeand
'T"                                                                                     ~--
                                                                                        Court for en     .ch
                                                                                    of benefits:
'j"




'T"                                                                             -".'---
                                                                                             in the arno   of
                                                                                    months begi . g
                                                                                  inate on the d
                                                                                                     --
                                                                                                     of
T




                                                               PAGE 2




T
        .TII   ~    '~    11:5/                                                                                 PffiE.04
    ',..



           10.   Liabilities:
 ',..
  ,.


 r




'T'
           11.

'-
 J




T                )4 Joint Conservatorship.
           12.   Rights pnd Duties:
"'T
                 Parental rigbts and duties will be allocated between Mother and Father according to
                 Schedule "C".

           13.

T




T


'j
                                         ('


      .,.   14 .   Child Su~rt:

                    (A)    ~                                       in the amount of
                    $    ..saO
                            r        per-=-''T'-'''o<L.IIT~~~r-h~It---_--J with the
                   ~instal1ment due on .Lff~~~~~4J~
                   tf.!    ~A'''''' da
                   (B)   .f~            will carry health inswcmcc on the children.


                                  .so
                   C) Deducboles, co-pay and uninsured medical expenses will be paid ~             % by
    .,..           Mother and          % by Failier.



    ,.      15.    Performance:

                   This agreement is made and   pcrf~able in    C~         ColDlty, Tex.as, and shal J be
                   construed in accordance with the laws of the State of Texas.

T           16.    Agreement;

                   Each signatory to this settlement has ent!i"ed into same freely and without duress
"T                 after having consulted with professionals.

            ~17'A ~:                      /\             ./"\

            VW~V~~"I'''''''-
"T


.
• >         18.    Attorney's Fees and Costs:


,.                 (A) WifeIMoilier's attorney's fees will be paid by

                                                              ~
                   (B) Husband/Father's attorney's fees will be paid by
                                                                        ~             .




j
                   0) Cos .. will b. paid by   fo1!3     i#,~ ~ .
            19.    lntema1 Revenue Service:

T

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7
      -
      ,    JUL   08   cUU'I   11: 0 .. " ...


                                                  (
    ,..
                  20.     Release:
    .,..
                          Eacb party reJeases the other from all claims, demancb, and causes of action each
                          may have against the other, save and except those covenantll, duties, and obligations
    ~                     set forth in this Agreement


 ,.               21 .    Fuji disclosure:

                          Each party represents that they have made a fair and reasonable disclosure to the

 ,.
                          other of the property and financial obligations known to them.

                  22.     Final Documents:

                           (A) The terms of this agreement will be incorporated in a decree and agreement
 'T"
                         . incident to divorce which will Ii o.      forms published in the Texas Family

                                          Uf¥ a1J                                  if'-{j.
                           Practice Manual. Attorney f o r .               will prepare }he ~t draft of the
r                         docwnentsl                           ·v../        A4                  ~,
                          (B) Other closing documents will be prepared by the attorney for the party who will
                          benefit thereby, with sUch documents to follow the forms published in the illll
                          Family Practice Manual.

                  23.     Djsputes Regarding This Agreement:

                          If any dispute arises with regard to the interpretation of this agreement, or as to the
                                        dn
                          dz#inJ of uments necessary to effect this agreement, the parties hereby appoint
r                                         . .....
                          -,JL'-"--4DI~~_.~d:fl.'-LJL,---_ as the arbitrator with respect to such and, by their execution
                          hereof, agree to be bound by the arbitrator's fmdings and conclusions.

,..               24.     Future Modification:

                          It is the agreement of the parties that before any party files suit for modification of
                          the terms end conditions of conservatorship, possession, or support of the children,
                          except in an emergency, the parties shall attempt to mediate in good faith the
                          controversy as provided in Chapter 153 of the Texas Family Code. This requirement
                          shall not apply to actions brought for enforcement



r

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                                                                    PAGES
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                                                                                                                            P~.B?


i
     JUL DB 200~ 11:~~Hn
                                                                ..... L   __




                                                 (                                          (

           25.            SettlemmtofFuture Disputes:

                          The parties agree that they shall attempt to mediate in good faith any claim or
                          controversy arising out of the Final Decree of Divorce, prior to filing any suit for
                          clarification, modification, or enforcement as provided in Chapter 153 of the Texas
                          Family Code.

           26 .




..




     -'.   --     - . . . . . . . C"'''
                                          .(                                                c
           JUL 08 2001     11:~~Hn        nr   Ln:lc.".....,c;.1    ..:leu,,",




     -
     \""




     -
    ,..
                       Agreed to and executed on this        r     day of July, 2004 .
    .,..
                       Signatures ofparties and the addresses and phone numbers oftbeir attorneys;




    ,..


                c. LUKE GUNNSTAKS,                                    RICK ROBERTSON,
                Attorney for Petitioner                               Attorney for Respondent
                15150 Preston Road                                    5700 West Plano Parkway
                Sui1e 300                                             Suite 2200
                Dallas, TX 75248                                      Plano, TX 75093
                9721392·2300                                          972fl69·2727
                972/386-573]                                          972fl69·0313 (Fax)

,.
,.              ROTI!WELL B. POOL,
                Mediator
                9721524·7585



,.
                                                                     PAGE 7
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                   .
          ..       JUL.   UU     L,U_'    ...... __ ..


               .


                                                             (                                            (
                                                                        SCHEDULE-UA"

                                     Wife is awarded the following as bet sole and separaU: property, subject to the indebtedness
                            pending thereagainst (unless otherwise provided for herein), and Husband is hereby divested of all
                            right. title, interest, and claim in and to such property:

                            1.        All personal property, furniture and furnishings, wearing apparel, household contents,
                                      jewelry, sporting or recreational equipment, cash on hand, savings accounts and checking
                                      I!CCOWlts in possession or control of Wife at the time oftbe signing of this agreement, unless
                                      otherwise provided for herein .
    ...
                            2.        All job-related benefits attributable to Wife's employment, including, but not limited to,
                                      rights related to any profit sharing plan, retirement plan, pension plan, annuity plan,
                                      insurance benefit plan, or any benefit program existing by reason of Wife's past, present or
                                      future cmployment..~_ _ _ _ _ _ _ _ _ _ _ _ _ __


                            3.        All policies oflife insurance issued upon the life of Wife and all hazard or casualty insurance
                                      policies regarding property distributed herein to Wife.

                                                                  ~~----~--~------~~------~~-----'
                                                                                                                              , keys,
r
                            5.
,.
                                      The business know as                                                                        N . Rf~nC6,:
                                      including but not limited to all fumi                     bin     equipment, inventory, cash.~
                       ---...=...,.,["1'<fllUl  goods, and supplies; all pe~ona1 prope ~ed in connection with the operation
                                      of such business; and any and all rights and privileges, past, present, or future, arising out of
                                    ~r in connection with tb operation of such business.
                                  J      ~e              aU-/


r


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J




                       Ju. 08 • 04 11: 54
             JUL   UC    CUU"T   .I.   J.   •   -''"-'Iftl




                                                                     SCHEDULE'"B"
                           Husband is awarded the following as his sole and separate property, subject to the
                    indebtedness pending thereagainst (unless otherwise provided for herein), and Wife is hereby
                    divested of all right. title, interest, and claim in and to such property:

                    1.       All personal property, fwniture and fumishing!, wearing apparel, household contents,
                            jewelry, sporting or recreational equipment, cash on hand, savings accounts and checking
        I"                  accounts in possession or control of Husband at the time of the signing of this agreement,
                            unless otbetwise provided for herein.

                    2.       All job-related benefits attributable to Husband's employment, including, but Dot limited to,
                             rights related to any profit sharing plan. retirement plan, pension plan, annuity plan,

    ..                       insmance benefit plan, or any benefit p~     ~ b~~ of Husband's past, present
                             or future employment, except lIS ~ ......~<...L.::..+-=-..;..::.L llIA~l\,C.'U.<..>.....-_ _ _ _ _ __
                                                                                        ___




                    3.       All policies of life insurance issued upon the life of Husband and all hazard or ca.sualty
                             insurance policies regarding property distributed herein to Husband.




    "
                    5.       The        ~             Af4M   filDX

-
                            title docwnents.

    ,




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                                                                       PAGE 9

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                ,



                                                                                                         SCHEDULE "C"
     .    ,
                         .
                                                                                                                             ElChbu         Eacb bas    Soley                 Sokly            JoiaL
                                                                     Il ichIs IDC! Duties                                    II all times   dunn,       /IlOG)a               fllhtl
                                                                                                                                            posscuion

                                           RIJbt ID rco::iYe kIfomWioa 1!UD the Olber parenl a>DCCnIin. the br:alIh..            X
                                           cd1!eltioa,1Dd Mltarc oldie cblJd

                                           Ripr III coofa with liIe Dtba puaJt, ID tbc C'XI&IIL possible, bc.tn                   X
                                           IIIII&c • docisial coacaniq Ole IIalIh, education, and wdfln DC tile
                                           chBd

                                           RiPlor.~ 10 medical, dcuIII.          pqdIDIDliw. IJId cdualioa Ja:OCdI                X

    ,..                 \:{
                                          oIlIIt chll4

                                          RJplIO consuIl willi. pbysidln, dc:ntisl, Of pc)'dIolop afchc ~                         X
                    ,                     R1dd 10 tOfIS1IIl willi acbooI ~ebII conccmin&!he eIInd', wdtuc IIId                   X
                                          cdllClllim Jbbu, iDda.diq ,ebooIldivitia

                                          Rl Jht ID allcDd sd100I aahiti es                                                      X

                                           R111d ID be daI~ 011 the alld', r=x-dI u • pc:nw ID be notirlCd ID                     X
                                          _      ofa.a CDIfPK)'

                                           RiIht III collJCll! to n4bI, deaJal,     !lid IUrJiI:&lIlcalmclll cbriollll
                                          CIIIrt)aICY irrtOJriaa immcdJne     d&Dcc:: III the: hallh &lid safr:ty ofllle          X
                                          ChIld

                                          Ri&bt \D manacc !be dU!d'. csUIc to the odzot Ihc c~ bat bcal
                                          craIcd ., !be pueIII lSI !he parCDl" famiJy

                              ~
                                                                                                                                  X

                                          Daly of en, CISIIDcl, prgcmioa, md m.JaIl able diJclpI iDe 01 ~ child                                 X

                                          Duly orsuppar1 ~ dIild.. iDeludinc prov\cf1llJ the dlild widI c11l1hiD&.
                    ~\;                   fbod, ,beiler, IIId mc4icaJ and dcUI c:an: DOl imotylnC III brvtsin                                   X
                                          proccd\ll"t




                    ~
                                          Rl&bt \D axucnI for !he dIIId \D IIdiCIJ IDd clcnlal are IIDt kmllYIJII
                                          lID   muhoe pmcedIUC                                                                                  X

                                          JUaht \D axucnI for the thild \D medica1, dCJrtAI, mel I1IrJical trcatmaJt
                                          darina III cmaccncy iImlIriII& immediala cllll&er to die huJlh IDd                                    X
                                          uhty or1bc child
                    ~~
                                          RJIhl \D dim:I!he lIIOnIiud rdiSious bllRiJl& of the child                                            X

                                     ~
                                          Duly \D IIJIIIoz periodic cbUkuppart p.)'lIICIl1
                                                                                                                                                                               X.
                                 -~
                                          hA.A
                                          171\1               v
                                                                  1\., A      ,..
                                                                                ,.. A..~ ~
                                                                              I~Ul~V ,    ~                                  ~~                           /"--            VV ~
,.                      ,So .
                                           RIIht III aruetd 10 medic:W, dcatsi, md SUJgiuJ trutmcnt imoIvInc
                                         \.lnnsiYe proceduR:! and \D psydddric and pl)'l:lIoiolkallrclmXzl1

                                          Riairt \D ~cQn: .,d lin: ~Ipt for paiod~ P.)'V'lCllb for !he s.."at of
                                                                                                                                            X   U:Tli ~MN~ Wi                           54 ~1lr A~1i
                                )~        the thUd IIId bold 01 dlsb1lrsc the I\md.s for !be benefit of \be cUd                                           ~

                              ~~          Riebl to RJI'tsaIl w child In kplKdoa md 10 m.aC othc' d=ltions
                                          of IUbitllltiai IcplsipliflCUu eona:millilbe dlild                                                                                                     J(



- ~
                                          R1iht 10 alaScrt 10 IDIIlI.re ADd cnIis1mc11l in armed saYiccs oru,s.                                                                                 )(

I
                                          Ri&ht III make lIechlem 1lOO0CIII1n& dlC child', tducatiov                                                                                           )('

                                          Ex.                                                                                                                                                  X
                                          Rilllt 10 KnicI::J and CC'II~p of \be dUld
                                                     ,.hal • ruudi.lll of the cbild', utalz: ~ • prdilll 0( IItomey ad
r                                         Iitaa has buD appoiDIEd fDr dIt child, II\c ri&ht 10 let a lID qGI1 of til,
                                          cJIIld in rdII%ioa 10 tK ell ild", aUIe if tIx ckild', .. Ii 011 is rcqulred ~ •                                                    ...: \~
                                                                                                                                                                                           .-

                                          J1.I1c., tilt U.S 1 Of • brdpt p1WI1IIIlcnl                                                                                   'c=." . ,')(
                                                                                                                                                                                  ".       ,
                                                                                                                                                                                                         ....

                                                                                                                                                                                                                 -'-'

                                                                                                                                                                       :,,~.~ ... ~-~-
                                                                                                                                                                   ~::'   -
                                          Duly to IIlInIIc 1I-.e child', ~WI: II) \he cxunl!be csuu has km
                                                                                                                                                                                                                ..
r                                         cn.alcd by COImlIll\ily property or !be joill! pnIpCrty of !be pIRIIts                                                                     .. -:,:.
                                                                                                                                                ftIf!p ~
                                                                                                                                                                  :'-J                             ,:.


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                                                             . I P l)~4St~ i.E'; "'¢(lJI( 0,.1. l~cMlIN
                                                            y Ie      _      ENTIlt, oe $(J~ 07~ ~                                                              ~"'"f'
                                                                                                                                                                              ";tffIJJ~
                                                                                                                                                                                                 './/~
                                                                                                                                                                                                                     !



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                                JUL 08 '04 11:55
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                                                                                       -
                                                                                      ..

                                                                                  ..
                                                                                  ..
                                                                                  ..
                                                                                 ..
 STATE Of TF.XAS           I
 COUNTY Of l1Jl.L1N I
I. H-.Il KUIIIJ<. [JlIU'ict C1cR ie and f« Collin ("oonl~ Teus. do
IMftby milt)" Ihnl !he 1Ibo\-c rORfOiftJ is • INC IIId come! copy of Ihc
IIrifiNI cSoa..:nI as 1!If Mine ~ on !he file in the DIstrict ("DUrI.


                                                                                 ..
Col.li9J:~·. ~~~ ofSltd Court. dais
Itti{i!.;d.rol ~,~~~~.
                 HANNA KUl                                       K
                       COlLIN             Y. T    AS




                                                                             -
                                                                           •
                                                                           •
                                                                           ...
,...
                                                   1211712009 417 PM SCANNED


           ,,
            ,
                                                CAUSE NO. 380-54606-03

           IN THE lNTEREST OF                                 §    IN THE DISTRlCT COURT
                                                              §
                                                              §    380m JUDICIAL DISTRlCT

,..                                          and              §
                                                              §    COLLIN COUNTY, TEXAS

                                       FINAL ORDER OF MODIFICATION

                    On October 23, 2006, the Court heard Petitioner's Motion for Modification and
           Respondent's Supplemental Counter-Petition to Modify in Suit Affecting the Parent-Child

           Relationship.
           Appearances
                    Petitioner, JENNIFER CARY, appeared in person and through attorneys of record,
           Laurence A. DePlaza and Rick Robertson, and announced ready for trial.
                    Respondent, DAVID CARY, appeared in person and through attorneys ofrecord., C.
           Luke Gunnstaks and Georganna Simpson, and announced ready for trial.
           Jurisdiction
                    The Court, after examining the record and the evidence and argument of counsel,
           finds that it has jurisdiction of this case and of all the parties and that no other court has
           continuing, exclusive jurisdiction of this case. All persons entitled to citation were properly
           cited.
r

 ,..                A jury was waived, and all questions of fact and of law were submitted to the Court.
           Record
                    The record of testimony was duly reported by Carla Kimbrell, the court reporter for
           the 380m Judicial District Court.
           Children




           FINAL ORDER
           S:\CLlENTS\Cary\Orders\FlnaIOrderModificationLAD.wpd


  j


    ,...
          N'ame:
          Sex:                          Female
          Birth date:
          Home state:                   Texas
          Social Security number:

          Name:
          Sex:                          Female
          Birth date:
          Home state:                   Texas
          Social Security number:

                 Hereinafter, the aforementioned children may be referred to as the "duldren".
,.        Findings
                 The Court fmds that the material allegations in Petitioner's Motionfor Modification
r         are true and that the requested modification is in the best interest of the children. IT IS


,.
          ORDERED that the requested modification is GRANTED, as stated more fully herein below.
          The Court further finds that the Partial Mediated Settlement agreement, signed by the parties
          on July 11, 2006, is not in the best interest of the children and is hereby supplanted and
r         superceded by the following fmdings and orders.
          Conservatorship
r
                 The Court finds that the following orders are in Ole best interest of the children.
                 IT IS ORDERED that DAVID CARY is removed as Joint Managing Conservator of
          the children and that JENNIFER CARY is appointed Sole Managing Conservator and

,.        DA VID CARY is appointed Possessory Conservator of the children,
                  and

.,               JENNIFER CARY, as sole managing conservator of the children shall have the

          following exclusive rights:
.,.              1.      the right to designate the primary residence of the children without

                         geographical restriction;
~                2       the right to consent to medical, dental, and surgical tr~tm~t,/~1Volving
                                                                                    . ,,""'0\C I Cd'>"
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                     .
                                                                                  . ,'. '0 . . . . . . . \...........I~., ~>~,.
                                                                                          ~
                                                                                . "" t\           '",).":.
                                                                                                                       ;   .•



                                                                                ~~

          FINAL ORDER                                                               . '. lJ;.-~:.
                                                                           PaK~ f~" ~ , }~
          S:\CLlENTs\Cary\Orders\FlnIIOrderModiflutionLAD.wpd              Nov~r,                        -:~ -                  :   ~
                                                                                                 ' l\~",
                                                                               \~~.....................-,..... . . ,,~fl
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                                                                                      ''''''t/ ~V CO~              \\\\\,\'


     ,.
                                                                                             "1111ftlllll\II'\\\
.,.

-                 3.
                          invasive procedures;
                          the right to consent to psychiatric and psychological treatment;

                  4.      the right to receive and give receipt for periodic payments for the support of
                          the children and to hold or disburse these funds for the benefit of the children;
'T
                  5.      the right to represent the children in legal action and to make other decisions

..,.                      of substantial legal significance concerning the children;
                  6.      the right to consent to marriage and to enlistment in the anned forces of the

...,.                     United States;

                  7.      the right to make decisions concerning the children's education;
 ...
  I               8.      the right to the services and earnings of the children; and
                  9.      except when a guardian of the children's estate or a guardian or attorney ad
                          litem has been appointed for the child, the right to act as an agent of the


 .,.
                          children in relation to the child's estate if the child's action is required by a
                          state, the United States, or a foreign government.

 .,.
                  IT IS ORDERED that, at all times JENNIFER CARY, as parent sole managing
          conservator of the children and DAVID CARY, as parent possessory conservator, shall each



 ,.
          have the following rights at all times:

                  I.      the right to receive information from the other parent concerning the health,


 ,.
                          education, and welfare of the children;
                  2.      the right to confer with the other parent to the extent possible before making
                          a decision concerning the health, education, and welfare of the children;
 ,..              3.      the right of access to medical, dental, psychological, and educational records
                          of the children;
                  4.      the right to consult with a physician, dentist, or psychologist of the children;
                  5.      the right to consult with school officia Is concerning the children's weI fare and
  •   I
                          educational status, including school activities;


          FINAL ORDER




  -
          S:\CLIENTS\Cary\Orders\Fln.IOrderModifiCitiooLAD.wpd


  J



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                 6.      the right to attend school activities;

                 7.
.,.                      the right to be designated on the children's records as a person to be notified
                         in case of an emergency;

                 8.      the right to consent to medical, dental, and surgical treatment during an
                         emergency involving an immediate danger to the health and safety of the
                         children; and

                 9.      the right to manage the estates of the children to the extent the estates have

..,.                     been created by the parent or the parent's family .



                 IT IS ORDERED that, during their respective periods of possession, JENNIFER

          CARY, as a parent sole managing conservator, and DAVID CARY, as a parent possessory

          conservator, shall each have the following rights and duties during their periods of
          possession:

                  I.     the duty of care, control, protection, and reasonable discipline of the children;
                 2.      the duty to support the children, incIudingproviding the children with clothing,

                         food, shelter, and medical and dental care not involving an invasive procedure;
                 3.      the right to consent for the children to medical and dental care not involving
                         an invasive procedure;

                 4.      the right to direct the moral and religious training of the children.



 ,.              IT IS ORDERED that, at all times, JENNIFER CARY, as a parent sole managing


 ,.
          conservator, and DAVID CARY, as a parent possessory conservator, shall each have the
          following duties:

                  I.     the duty to infonn the other parent in a timely manner of significant

                         information concerning the health, education, and welfare of the children; and

                 2.



          FINAL ORDER
          S:\CLIENTS\Cary\Orden\FlnaIOrderModificationLAD.wpd




    .,.
                      as a sex offender under chapter 62 of the Code of Criminal Procedure (as
                      added by chapter 668, Acts of the 75th Legislature, Regular Session, 1997) or
•
                      is currently charged with an offense for which on conviction the person would
                      be required to register under that chapter. IT IS ORDERED that this
r
                      infonnation shall be tendered in the form of a notice made as soon as
                      practicable, but not later than the fortieth day after the date the parent begins
                      to reside with the person or on the tenth day after the date the marriage occurs,
                      as appropriate. IT IS ORDERED that the notice must include a description of
                      the offense that is the basis of the person's requirement to register as a sex
,.                    offender or of the offense with which the person is charged. WARNING: A
                      PERSON COMMITS AN OFFENSE PUN1SHABLE AS A CLASS· C
T                     MISDEMEANOR IF THE PERSON FAILS TO PROVIDE THIS NOTICE.


,.      Possession and Access
               The Court finds that the possession of the children vanes from the Standard
        Possession Order for the following reasons:
T
               1.     The credible evidence showed Father's inability to promote a positive
                      relationship between the children and the mother .
.,.
               2.     The credible evidence showed Father's inability to relate and work effectively
                      with the children's third party mental health providers, therapists, counselors
                      and medical health providers.

               3.     The credible evidence showed that Father's inability to relate and work
                      effectively with the children's third party mental health providers, therapists,



-
                      counselors and medical health providers is a detriment to the children and not
                      in the children's best interest.
 ,
               4.     The credible evidence showed Father's inability to communicate effectively
                      with Mother concerning the children and their respective needs.

               5.     The credible evidence showed the children's need for consistency during the
...
 )
                      school week, be it during the school year or during the time .~~Uh~ children
                      attend summer school in the summer.                       .l;;:~~~\9..T-P.?2>",

        ~:;:'~~E~~~"\O'd'''\Fl''IO'd''M'dl"U';''LAD.WPd                  ~:~:{;;J.t~~;)~<l
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                   6.     The credible evidence showed Father's inability to relate and work efTectively
.,.                       with the children's school and school officials.

                   7.     The credible evidence showed Father's inability to maintain a stable medical,
                          therapeutic and educational environment for the children.

                   8.     The credible evidence showed Father's inability to share the rights, powers
                          and duties to co-parent and cooperatively raise the children.


.,.                9.     The credible evidence showed that it is the best interest of the children for
                          Mother to be appointed as the parent sole managing conservator with the
                          exclusive rights, powers and duties, stated herein above, and not for both
                          parents to share those specific rights, powers and duties .
..,..
                   10.    The credible evidence showed that the expert testimony of Christy Bradshaw,
                          the court-appointed social study evaluator, Diana Hurtado, Betty Glasheen and
                          Sandra Buttine was credible, relevant and persuasive in favor of the

 ,.
                          appointment of Mother as the parent sole managing conservator and the award
                          to Father of the specific possession schedule detailed herein.

                   II.    lbe credible evidence showed that Father's actions and behaviors were
                          disrespectful of the children's home, medical, therapeutic and educational
                          environment.

                   12.     The credible evidence showed that the possession schedule detailed herein
                           awards Father frequent, quality periods of possession of the children that
                           serves to optimize the development of a close and continuous relationship
                           between Father and the children.

                   13.     The credible evidence showed that the possession order detailed herein grants
                           periods of possession of the children as similar as possible to the Standard


 -
                           Possession Order, given the evidence and testimony elicited in this trial and
                           given the special circumstances of the parent sole managing conservator, the
    ;
                           parent possessory conservator and the chHdren.

                   14.



                    IS.

            FINAL ORDER
            S:\CUENTS\C.ry\Orden\FlnaIOrderModifiCJItionLAD.wpd




        r
•                      inappropriate and unworkable given the circumstance of the parent sole
                       managing conservator, the parent possessory conservator and the children .
.,.             16.    The credible evidence showed Mother's ability to relate and work effectively
                       with the children's third party mental health providers, therapists, counselors
                       and medical health providers.
'..,.
                17.    The credible evidence showed that Mother's ability to relate and work
                       effectively with the children's third party mental health providers, therapists,
                       counselors and medical health providers is an advantage to the children and in
                       the children's best interest.
'..,
                18.    The credible evidence showed Mother's ability to relate and work effectively
                       with the children's school and school officials.

                19.    The credible evidence showed Mother's ability to maintain a stable medical,
                       therapeutic and educational environment for the children.

                20.    The credible evidence showed that Mother's actions and behaviors were
 -                     respectful of the children's home, medical, therapeutic and educational
                       environment.


                The Court finds that the following provisions of this possession order are intended to
         be and are in the best interest of the children. IT IS ORDERED that DAVID CARY and
         JENNIFER CARY shall comply with all terms and conditions of this Possession Order. IT
         IS ORDERED that this Possession Order is effective immediately and applies to all periods
         of possession occurring on and after the date the Court signs this Possession Order. IT IS,

 .,.     TIIEREFORE, ORDERED:


  ..
                A.      Defmitions

    I
                        (1)    In this possession order "school" means the primary or secondary
                        school in which the child is enrolled or, if the child is not enrolled in a primary
                        or secondary school, the public school district in which the child primarily
                        resides.




         FINAL ORDER
         S:\CLJENTS\Cary\Orden\F]naIOrderModilicationLAD.wpd




    ,.
.,.                                                                         -
              B.      Mutual Agreement or Specified Tenns for Possession - IT IS ORDERED that
       DA VID CARY and JENNIFER CARY shall have possession of the children at times

.,.    mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is
       ORDERED that the conservators shall have possession of the children under the specified

.,.    tenns set out in this Possession Order.
       Parents Who Reside 100 Miles or Less Apart
..,    A.     IT IS ORDERED that DAVID CARY shall have possession of the children as
       follows:
              Weekends:        The first, third, fourth, and fifth Weekends of each month, beginning
                               on each first, third, fourth, and fifth Friday of each month at 6:00 p.m.
''T                            and ending the following Sunday at 6:00 p.m.


..,.   B.     IT IS ORDERED that JENNIFER CARY shall have possession of the children as
       follows:
              Week Days: Every week from 6:00 p.m. on Sunday until the following Friday
                               ending at 6:00 p.m.
 T
              Weekends:        The second Weekend of each month, said weekend beginning on each
                               second Friday of each month at 6:00 p.m. and ending the following
                               Sunday at 6:00 p.m.

 'T
       C.     DA VTD CARY shall have the following holiday possession of the children:
              Sprine Break in Even-Numbered Years -             In even-numbered years, beginning at
       6:00 p.m. or the time the child's school is regularly dismissed on the day the child is
       dismissed from school for the school's spring vacation and ending at 6:00 P.M. on the day

       before scbool resumes after that vacation.
 'j            Extended Summer Possession by DAVID CARY:


  j    FlNALORDER
       S:\CLJENTs\Cary\Orders\FlnaIOrderModific..atiooLAD.wpd


  T
..,.             With Written Notice by April I-I fDA VlD CARY gives JENNIFER CARY written
          notice by April I of a year specifying an extended period or periods of summer possession
          for that year, DAVID CARY shall have possession of the child for thirty days beginning no

.,.       earlier than the day after the child's school is dismissed for the summer vacation and ending
          no later than seven days before school resumes at the end of the summer vacation in that

.,.       year, to be exercised in no more than two separate periods of at least seven consecutive days
          each, as specified in the written notice, provided that the period or periods of extended
          summer possession do not interfere with Father's Day Weekend. These periods of possession
          shall begin and end at 6:00 p.m.
                 Without Written Notice by April I-If DAVID CARY does not give JENNIFER
          CARY written notice by April I of a year specifying an extended period or periods of
          summer possession for that year, DA VID CARY shall have possession of the child for thirty
          consecutive days in that year beginning at 6:00 P.M. on July I and ending at 6:00 P.M. on July
          31.


 T
          D.     It is ORDERED that JENNIFER CARY shall have a superior right of possession of

 ..,.     the children as follows:




-
                  I.     Sprine Break in Odd-Numbered Years -In odd-numbered years, beginning
          at 6:00 P.M. on the day the child is dismissed from school for the school's spring vacation and
  f

          ending at 6:00 P.M. on the day before school resumes after that vacation.

 ,.              2.      Summer Weekend Possession by JENNIFER CARY -                     If JENNIFER
          CAR Y gives DAVID CARY written notice by April 15 of a year, JENNIFER CARY shall
          have possession of the child on anyone weekend beginning at 6:00 P.M. on Friday and
          ending at 6:00 P.M. on the following Sunday during anyone period of the extended summer
          possession by DAVID CARY in that year, provided that JENNIFER CARY picks up the
          child from DAVID CARY and returns the child to that same place and that the weekend so

          designated does not interfere with Father's Day Weekend.


          FINAL ORDER
          S:\CLlENTS\C.ry\Ordcrs\Fln.IOrderModifiCJItionLAD.wpd


      r
"'P'




                      3.       Extended Summer Possession by JENNIFER CARY -              If JENNIFER
              CAR Y gives DAVID CARY written notice by April 15 of a year or gives DAVID CARY
.,.
              fourteen days' written notice on or after April] 6 of a year, JENNIFER CARY may designate

.,.           one weekend beginning no earlier than the day after the child's school is dismissed for the
              summer vacation and cnding no later than seven days before school resumes at the end of the
              summer vacation, during which an otherwise scheduled weekend period of possession by
              DA VlD CARY shall not take place in that year, provided that the weekend so designated

-r            does not interfere with DAVID CARY's period or periods of extended summer possession
              or with Father's Day Weekend.

              E.      Holidays Unaffected by Distance
                      Notwithstanding the weekend periods of possession of DA VID CARY, JENNIFER
..,.          CARY and DAVID CARY shall have the righl to possession of the children as follows:
                      1.       Christmas Holidays in Even-Numbered Years -     In even-numbered years,
 ..,.         DA VID CARY shall have the right to possession of the child beginning at 6:00 P.M. on the

 .,.          day the child is dismissed from school for the Christmas school vacation and ending at noon
              on December 26, and JENNIFER CARY shall have the right to possession of the child
              beginning at noon on December 26 and ending at 6:00 P.M. on the day before school resumes
              after that Christmas school vacation.
                      2.       Christmas Holidays in Odd-Numbered Years-In odd-numbered years,
              JENNIFER CARY shall have the right to possession of the child beginning at 6:00 P.M. on

  ...
   I,
              the day the child is dismissed from school for the Christmas school vacation and ending at
              noon on December 26, and DAVID CARY shall have the right to possession of the child
              beginning at noon on December 26 and ending at 6:00 P.M. on the day before the child's

              school resumes after that Christmas school vacation.
                      3.       Thanksgiving in Odd-Numbered Years-In odd-numbered years, DAVID
              CAR Y shall have the right to possession of the child beginning at 6:00 P.M. on the day the




              FlNALORDER
              S:\CL I ENTs\C. ry\Orden\F\ n alOrderModification LAD. wpd

       .,.
       ...J
.,.
..        SUnday following Thanksgiving .
                 4.      Thanksgiving in Even-Numbered Years-In even-numbered years, JENNIFER
          CARY shall have the.right to possession of the child beginning at 6:00 P.M. on the day the
I
          child is dismissed from school for the Thanksgiving holiday and ending at 6:00 P.M. on the
~
          Sunday foJ lowing Thanksgiving.

.,.              5.      Child's Birthday-Tfthe party is not otherwise entitled under this Possession
          Order to present possession of the children on the children's birthday, that conservator shall
          have possession of the children beginning at 6:00 P.M. and ending at 8:00 P.M. on that day,



-
          provided that that conservator picks up the children from the other conservator's residence
          and returns the children to that same place.
                 6.      Father's Day Weekend-Father shall have the right to possession of the
          children each year, beginning at 6:00 P.M. on the Friday preceding Father's Day and ending
          at 6:00 P.M. on Father's Day, provided that if Father is not otherwise entitled under this
          Standard Possession Order to present possession ofthe children, he shall pick up the chi Idren
          from the other conservator's residence and return the children to that same place.
                 7.      Mother's Day Weekend-Mother shall have the right to possession of the
          children each year, beginning at 6:00 P.M. on the Friday preceding Mother's Day and ending
          at 6:00 P.M. on Mother's Day, provided that if Mother is not otherwise entitled under this
          Standard Possession Order to present possession of the children, she shall pick up the
          children from the other conservator's residence and return the children to that same place.

    .,.   F.     U ndesiKnated Periods of Possession


    ,.
                 JENNIFER CARY shall have the right of possession of the child at all other times not
          specifically designated in this Possession Order for DAVID CARY.

          G.     General Terms and Conditions
                 Except as otherwise explicitly provided in this Possession Order, the terms and
          conditions of possession of the child that apply regardless of the distance between the

          residence of a parent and the child are as follows:


          FlNALORDER
          S:\CLlENTs\Cary\Ordcn\FlnIIOrderModificationLAD.wpd


     j
•               1.      JENNIFER CARY is ORDERED to surrender the children to DAVID CARY
                        at the beginning of each period ofDA VID CARY'S possession at the curb of

                        DA VID CARY'S residence. IT IS FURTHER ORDERED that JENNIFER

..,.                    CARY shall not go to the front door ofDA VID CARY'S residence unless the
                        children would be in danger of going to the front door alone or the child is hurt

                        and cannot walk to the front door. IT IS FURTHER ORDERED that the only

                        conversation between the parents shall be "good-bye, we'll see you next time."
               2.       DA VID CARY is ORDERED to surrender the children to JENNIFER CARY

                        at the beginning of each period ofJENNlFER CARY'S possession at the curb

                        of JENNIFER CARY'S residence IT IS FURTHER ORDERED that DA VlD

                        CARY shall not go to the front door of JENNIFER CARY'S residence unless
.,..                    the children would be in danger of going to the front door alone or the child

                        is hurt and cannot walk to the front door. IT IS FURTHER ORDERED that
                        the only conversation between the parents shall be "good-bye, we'll see you
                        next time."
                3.      Personal Effects-Each conservator is ORDERED to return with the children

                        the personal effects that the children brought at the beginning ofthe period of

                        possessIOn.

               4.       Designation of Competent Adult-Each conservator may designate any



 ,.
                        competent adult to pick up and return the children, as applicable, and same
                        shall be held to the terms and conditions of Section G( I )(2), found



 ,.
                        immediately herein above. IT IS ORDERED that a conservator or a designated
                        competent adult be present when the child are picked up or returned, and same
                        shall be held to the terms and conditions of Section G( I ),(2), found

  T                     immediately herein above.

                5.      Inability to Exercise Possession-Each conservator is ORDERED to give
                                                                                                       \\",'UIIIII",

                        notice to the person in possession of the child on each ~~..~t';.t)1e
                                                                               /0~:""" A ····.f""""
                                                                                   t~'>·~~.1 r:~' -:~~/~::;\
        fINAL ORDER
        S '.\CLIENTs\Cury\Orders\flnaIOrderModificltionLAD.wpd
                                                                           Plge 12 :: ,\ 1 ~''-- .
                                                                           Novembe~30,\2006 ' f
                                                                                   ~r\\            r >.. . '--,.                   '::
                                                                                                                                   .i   r-;_~
                                                                                                                                           ~




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                                                                                          ~II, I...,       r""",   f ,;, . \\\'"
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                                            ~.




....                        conservator will be unable to exercise that conservator's right of possession for
                            any specified period .
.,..
                     6.     Written Notice-Written notice shall be deemed to have been timely made if
                            received or postmarked before or at the time that notice is due .
.,..

.,..                 The periods of possession ordered above apply to each child the subject of this suit
             while that child is under the age of eighteen years and not otherwise emancipated.
                                            This concludes the Possession Order.
             Children's Educational Expenses
                     TVe Court finds, taking into account the best interest of the children and the increased
             expenses ofthe children's medical and education special needs, that the following is a fair
             and equitable allocation of the increased costs therefor. IT IS THEREFORE ORDERED that
             DA VlD CARY shall, as additional child support:
                     1.     Fund $30,000.00 in an education account each year for the children's


                                                                                       +-
                            education. JENNIFER CARY shall set up this education acco&"~
                            of her choice, and shall notify DAVID CARY each                 of                 r as    0

                            where the education account resides and where to deposit said $30,000.00. IT
                            IS ORDERED that DAVID CARY shall deposit $30,000 on the                    ~y of
            }(x'..A--~..."",,~~ffiL4~eer,   2006 and on the same day of each year thereafter until the first



 ..
                            month following the date of the earliest occurrence of one of the events
                            specified below:
   I


                                    1.        Each child reaches the age of eighteen years, provided that, if the

  .,.
   I
                                              child is fully enrolled in an accredited secondary school in a
                                              program leading toward a high school diploma or enrolled in
                                              courses for joint high school and junior college credit pursuant
                                              to section 130.008 of the Texas Education Code, the periodic
   .,..                                       child support payments shall continue to be due ~~~~~~.~~?::.~",
                                                                                                 j!Q;........ /' ......:. .~~.:.}\
       r     FINAL ORDER
             S:\CUENTS\Cuy\Orders\FlnIIOrdcrModifiClitionLAD.wpd
                                                                                   Page 13     ~f~:
                                                                                   November 30, ~ \ "
                                                                                                                            "'.;~
                                                                                                                              ,}
                                                                                                 ~n\           .0'           .   -~:.:



       'j
                                                                                                 \{%;;i;§,~;,",·.,,:··
,.

                                            the end of the month in which the child graduates from high
                                            school;

"                                  2.       Each child marries;
                                   3.       Each child dies;
,.
                                   4.       Each child's disabilities are otherwise removed for general

.,.                                         purposes; or
                                   5.       By further order of the Court.

T'
                 2.       JENNIFER CARY shall have full and complete dominion and control over
                          said education account, shall manage same exclusively, may make deposits
                          into said education account from time to time and shall make withdrawals
                          from said education account for the educational needs of the children.
         Child Support Findings
                 In accordance with Texas Family Code section 154.125,154.126 and 154.130, the
         Court makes the following findings and conclusions regarding the child support order made
         in open court in this case on October 25,2006:

                  1.      The application ofthe percentage guidelines in this case would be unjust or
                          inappropriate:

                 2.       the amount of net resources available to DAVID CARY per month              IS

                          $8,515.32;

                 3.       the amount of net resources available to JENNIFER CARY per month was not
                          introduced into evidence;

                 4.       the amount of child support payments per month that is computed if the
                          percentage guidelines of section 154.125 of the Texas Family Code were
                          applied to the first $6,000 of DA YID CARY's net resources would be
                          $1,500.00;


         FINAL ORDER
         S:\CLlENTS\Cary\Orders\FI nalOrder M odifita tion LAD. wpd



     r
.,.


                 5.      the percentage applied to DAVID CARY's net resources for direct child
                         support by the actual order rendered by the Court is 23.49%; and

                 6.      The credible evidence showed the speci fic reasons that the amount of support
                         per month ordered by the Court varies trom the amount computed by applying
                         the percentage guidelines of section 154.125 of the Texas Family Code are
.,.                      based on:
                         a.      the amount of Father's net resources;
                         b.      the age of the children;


- I
                         c.
                         d.
                                 the special needs of the children;
                                 the ability of the parents to contribute to the support of the children;
                         e.      any financial resources available for the support of the children;
                         f.      the amount of time of possession and access to the children awarded to
                                 each parent;
                         g.      the order appointing Mother as the parent sole managing conservator
.,.                              and Father as the parent possessory conservator of the children;


.,.
                         h.      special and extraordinary educational, health care and therapeutic
                                 expenses for the children; and


.,.
                         I.      The history of reimbursement payments from Father to Mother for
                                 uninsured and deductible health care expenses for the children.


,.        Child Support Orders
                 The Court finds that it is in the best interest of the children and IT IS ORDERED that
 T        DAVID CARY is obligated to pay and shall pay to JENNIFER CARY child support of
          $2,000.00 per month, with the first payment being due and payable on November 1,2006 and

          a like payment being due and payable on the 1st day of each month thereafter until the first

  .,.
  j       FlNALORDER
          S:\CLIENTS\Clry\Ordcn\F(nIIOrdcrModiflCltionLAD.wpd


      j


      i
....

.,.
           enrolled in. an accredited secondary school in a program leading toward a high school

.,.        diploma or enrolled in courses for joint high school and junior college credit pursuant to
           section 130.008 of the Texas Education Code, the periodic child support payments shall
.,.        continue to be due and paid until the end of the month in which the child graduates from high
           school;
                     2.        Each child marries;
                     3.        Each child dies;
                     4.        Each child's disabilities are otherwise removed for general purposes; or
                     5.        By further order of the Court
"T'
           Retroactive Child Support

.,.                  The Court further finds that JENNIFER CARY's request for an increase in child
           support to be paid by DAVID CARY should be granted retroactively to the date of the
           service of her Motion to ModifY on April 16,2005, in the amount of $2,000.00 per month
           since that time. The Court finds that DAVID CARY has paid $500 per month child support
           since the date orthe service of JENNIFER CARY's Motion to Modify on April 16,2005.
           The Court finds that David Cary owes retroactive child s~pport to JENNIFER CARY in the
           amount of the product of $1 ,500.00 x 18 months, which equals $27,000.00.
                     IT IS THEREFORE ORDERED that DAVID CARY shall pay $500 per month
           directly to JENNIFER CARY on the 151 day of November, 2006, and a like payment on the
           1st day of the month until the arrearage amount of$27,000.00 is fully paid.
           Withholdin~        Order


 ,.                  IT IS ORDERED that any employer ofDA VID CARY shall be ordered to withhold
           from DAVID CARY's earnings the aforementioned child support from the disposable
           earnings of DAVID CARY for the support of the children,
           and
                     On this date the Court signed an Order to Withhold Income for Child Support.
   ',-               IT IS ORDERED AND DECREED that any income withheld from ~~~~:~~;,~",
                                                                            "~
                                                                            "Q'" .. .... "';.()'~
                                                                                            '.,A~
                                                                                                                  '
                                                                                                                           (0"              ' ..




           FINAL ORDER
                                                                                              Page 16     (~ (~~{,~~'~;Y~"') ~~,
           S:\CL I ENTS\Ca ry\Ord r rs\F1 0 a 10 rdc:rM od i fie.tio n LAD(OAtha nges). wpd             NCD'rnibc:r JQ; 2006. \                    '   V ~



       j                                                                                                                      ·:.:~;··~t?
                                                                                                          \q~~<···!~~~~·. •:...·r\\;..,'
                                                                                                              0",,1./;,., CG'
                                                                                                                  II"II;"'JIII'~':\~\\\'"
         ,
        disposab\e earnings paid to JENNIFER CARY in accordance with the Order Withholding
        from Earnings for Child Support shall constitute a credit against DAVID CARY's child
        support obligation, and shall not discharge any of DAVID CARY's child support obligation
        which exceeds the amounts so credited.
               IT IS ORDERED AND DECREED, pursuant to article XVI, Section 28, of the Texa')
        Constitution, and Chapter 158 of the Texas Family Code, that any employer of DA VID
        CARY shall withhold the amounts specified in the order Withholding Earnings for Child
        Support, not to exceed fifty percent (50%) of his disposable earnings.
               IT IS ORDERED AND DECREED that any employer ofDA VID CARY shall begin

        to withhold income in accordance with the Order Withholding from Earnings for Child
        Support no later than the first pay period that occurs following the date on which the Order
".      Withholding from Earnings for Child Support is served on the employer, shall continue to


,.
        withhold income so long as DAVID CARY is employed by the employer so served, or until
        child support is no longer payable under the terms of this Decree, whichever occurs first, and
        shall remit to JENNIFER CARY the amount') withheld on each regular pay date.
r               IT IS ORDERED AND DECREED that, if and when DA VlD CARY terminates or
        commences employment, DA VID CARY shall notify this Court, and JENNIFER CARY by
        U.S. certified mail, return receipt requested, of such termination or commencement of

,.      employment no later than seven (7) days after such employment is terminated or commences,
        and DA VlD CARY shall provide to the Court, and to JENNIFER CARY the name and
        address of any new employer.
                IT IS ORDERED AND DECREED that, upon the request of an attorney, the Attorney
        General, JENNIFER CARY, or DA VlD CARY, the Clerk ofthe Court shall cause a certified
        copy of the Order Withholding from Earnings for Child Support to be delivered to any

r       employer, whether current or subsequent, of DAVID CARY, and IT IS FURTIIER



-
        ORDERED that the Clerk of this Court shall attach a copy of Section 158.201 through

                                                                                                     (.'21"""
                                                                                                \': ~ I:" II! .. ,.,

 I      Section 158.211 of the Texas Family Code for the information of the emplox.~rh.\~:·T
                                                                                    /~~"~":"'.':.'~"'.""~(::~"~~\
r       FINAL ORDER                                                      Pige 17
                                                                                   - .......--<
                                                                                        '
                                                                                   I -{.; [
                                                                                          :   -'"                           -
                                                                                                                       '~':" ~
        S:\CLlENTS\Cary\Orders\FloaIOrderModificltionLAD.wpd             November 30~~'                                ,tj}


r                                                                                   \~i;;{;':2.c,~;:f:,.~~:i
 .,..
                 IT IS ORDERED that all payments shall be made through the state disbursement unit

          at P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to
          JENNIFER CARY for the support of the children.

    ,.           IT IS FURTHER ORDERED that DAVID CARY shall notify this Court and

          JENNIFER CARY by U.S. certi fied mai I, return receipt requested, of any change of address

.,.       and of any termination of employment. This notice shall be given no later than seven days

          after the change of address or the tennination of employment. This notice or a subsequent

          notice shall also provide the current address of DAVID CARY and the name and address of

          his current employer, whenever that information becomes available.

                 IT IS ORDERED that DAVID CARY shall pay, when due, all fees charged by the

i
          agency through whom child support is paid.
..,..     Medical SUPJ!ort and Health Insurance

.,.              IT IS ORDERED that medical support shall be provided for the children as follows:
                 l.      DA VTD CARY's Responsibility-It is the intent and purpose ofthis order that


.,.       DA VID CARY shall, at all times, provide medical support for the children as additional child

          support. IT IS THEREFORE ORDERED that, as additional child support, DAVID CARY
          shall provide medical support for the parties' children, for as long as child support is payable

          under the terms of this order, as set out herein.

.,.              2.      Definitions-

                 "Health insurance" means insurance coverage that provides basic health-care services,

          including usual physician services, office visits, hospitalization, and laboratory, X-ray, and
          emergency services, and may be provided in the form of an indemnity insurance contract or

    ,..   plan, a preferred provider organization or plan, a health maintenance organization, or any

          combination thereof.
                 "Reasonable cost" means the cost of a health insurance premium that does not exceed

          10 percent of the responsible parent's net income in a month.

                 3.      Insurance through DA VTD CARY's Employment, Union, Tra~~';~~~;:~?5"~.

                                                                                          tj··. ·.~( ~ .:. '-.' -:. 5.;~·,\
                                                                                          :.*, ~,:".!-",~~\.-.
    T'    FINAL ORDER                                                       PagelS                                    ~"::
          S;\CLlENTS\Cary\Orden\FIoaIOrderModificationLAD.wpd               Novembu 30,   1006.         . -1,      I,          !::



     r                                                                                    \~~~?:-~'~~W
                                                                                                  "'J,:,IV CC~~ \\".",
                                                                                                      •. ("11'"11;11 1 .....
       or Other Organi7.ation-The Court finds that the children are currently enrolled as


-      beneficiaries of a health insurance plan provided through DAVID CAR Y's employment or
       membership in a union, trade association, or other organization at a reasonable cost. IT IS
       ORDERED that DA VID CARY shall, at his sole cost and expense, keep and maintain at all
       times in full force and effect the same or equivalent health insurance coverage that insures
       the parties' children through DAVID CARY's employer, union, trade association, or other
       organization, for as long as it is offered by his employer, union, trade association, or other

.,.    organization. If his employer, union, trade association, or other organization subsequently
       changes health insurance benefits or carriers, DAVID CARY is ORDERED to obtain and
.,.    maintain the same or equivalent health insurance coverage for the benefit of the children on
       the successor company or through such health insurance plan as is available through other
       employment, union, trade association, or other organization or other insurance provider.
               Insurance through JENNIFER CARY's Employment, Union, Trade Association, or
..,.   Other Organization-If health insurance for the children ceases to be available through
       DAVID CARY's employer, union, trade association, or other organization but is available
'or
       at a reasonable cost through JENNIFER CARY's employer or other organization, JENNIFER
       CAR Y is ORDERED to have the children covered on her health insurance and DAVID
       CAR Y is ORDERED to pay JENNIFER CARY at her last known address the cost of

,..    insuring the children on JENNIFER CARY's health insurance plan, beginning on the fLrSt
       day of the month following the date DAVID CARY first receives written notice of the
       amount of the premium from JENNIFER CARY. Accompanying the first such written
       notification and any subsequent notifications informing ofa change in the premium amount,
       JENNIFER CARY is ORDERED to provide DAVID CARY with docwnentation from her
       employer, union, trade association, or other organization of the cost to JENNIFER CARY

 r     of providing coverage for the children.
               4.      Conversion of Policy-IT IS ORDERED that if the party through whose




 r     FINAL ORDER
       S:\CLI ENTS\Cary\Orden\FlnIIOrderModificationLAD.wpd
.,.

.,.        insurance has been provided for the children is leaving that employment, union, trade
           association, or other organization or for any other reason health insurance will not be
           available for the children through the employment or membership in a union, trade
           association, or other organization of either party at a reasonable cost, the party leaving
           employment or losing coverage shall, within ten days of termination of his or her

.,.        employment or coverage, convert the policy to individual coverage for the children in an
           amount equal to or exceeding the coverage at the time his or her employment or coverage is

.,.        terminated. Further, if that health insurance was available through JENNIFER CARY's
           employment or membership in a union, trade association, or other organization, DAVID
           CARY shall reimburse JENNIFER CARY for the cost of the converted policy as follows:
           DA VlD CARY is ORDERED to pay to JENNIFER CAR Y at her last known address the cost
           of insuring the children under the converted policy, on the first day of each month after
           DA VID CARY receives written notice of the premium from JENNIFER CARY for payment.
           Accompanying the rust such written noti fication and any subsequent notifications in forming
           of a change in the premium amount, JENNIFER CARY is ORDERED to provide DAVID
           CARY with documentation from the carrier ofthe cost to JENNIFER CARY of providing
           coverage for the children.
                  5.     JfPolicy Not Convertible-If the health insurance policy covering the children

 ,..       is not convertible at a reasonable cost and if no health insurance is available for the children



 ,.
           through the employment or membership in a union, trade association, or other organization
           of either party at a reasonable cost, IT IS ORDERED that DAVID CARY shall purchase and
           maintain, at his sole cost and expense, health insurance coverage for the children [as set out

  'T"'     in paragraph 3. above. DAVID CARY is ORDERED to provide verification ofthe purchase
           ofthe insurance to JENNIFER CAR Y at JENNIFER CARY's last known address, including

  r        the insurance certificate number and the plan summary, no later than ten (10) days following

           the issuance of the policy.
                  6.      Claim Forms-Except as provided in paragraph 8. below, the p*~~l~t
                                                                                     <~<,. \ .~"""""'" 0 &""
                                                                                       '
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           S:\CLlENTS\Cary\Ordm\FlnaIOrderModifiutionLAD.wpd                 November.w, ~OO~, "'7F:~                          j. ~

                                                                                               \:~. . . . .....~. ....~. ···<l:/
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.,.   c'arrying the health insurance policy covering the children is ORDERED to submit to the
      party carrying the policy, within ten days of receiving them, any and all forms, receipts, bills,
      and statements reflecting the health-care expenses the party not carrying the policy incurs on
      behalf of the children.
             The party who is carrying the health insurance policy covering the children                     IS

      ORDERED to submit aH forms required by the insurance company for payment or
      reimbursement of health-care expenses incurred by either party on behalf of the children to
      the insurance carrier within ten days of that party's receiving any form, receipt, bill, or
      statement reflecting the expenses.
             7,      Constructive Trust for Payments Received-IT IS ORDERED that any
      insurance payments received by a party from the health insurance carrier as reimbursement
.,.   for health-care expenses incurred by or on behalf of the children shaH belong to the party
      who incurred and paid those expenses. IT IS FURTHER ORDERED that the party receiving
or    the insurance payments is designated a constructive trustee to receive any insurance checks
      or payments for health-care expenses incurred and paid by the other party, and the party
      carrying the policy shaH endorse and forward the checks or payments, along with any
      explanation of benefits received, to the other party within three days of receiving them.
             8.      Filing by Party Not Carrying Insurance-In accordance with article 3.51-13 of

.,.   the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health



,.
      insurance policy covering the children may, at that party's option, file directly with the
      insurance carrier with whom coverage is provided for the benefit of the children any claims
      for health-care expenses, including but not limited to medical, hospitalization, and dental

 -j
      costs and receive payments directly from the insurance company.


 ,.          9.       Secondary Coverage-IT IS ORDERED that nothing in this order shall prevent
      either party from providing secondary health insurance coverage for the children at that
      party's sole cost and expense. IT IS FURTHER ORDERED that if a party provides
 'j   secondary health insurance coverage for the children, both parties shall coope~,~t~f.:~~~>",


      FINALORDER                                                         Pagell
                                                                                       1~?~~~/l\7"-.~~:':\
                                                                                        :1'i ~ '.,-.j  ~::
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      S:\CLlENTS\Cary\Orders\F1naIOrdcrModificationLAD.wpd               November 30, 200i \
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,.    regard to the handling and fil ing of claims with the insurance carrier providing the coverage


.,.   in order to maximize the benefits available to the children and to ensure that the party who
      pays for health-care expenses for the children is reimbursed for the payment from both
      carriers to the fullest extent possible.
              10.     Compliance with Insurance Company Requirements-Each                        party                      is
      ORDERED to conform to all requirements imposed by the terms and conditions of the policy
      of health insurance covering the children in order to assure maximum reimbursement or
      direct payment by the insurance company of the incurred health-care expense, including but
      not limited to requirements for advance notice to carrier, second opinions, and the like. Each
.,.   party is ORDERED to attempt to use "preferred providers," or services within the health
      maintenance organization, if applicable; however, this provision shall not apply if emergency
.,.   care is required. Disallowance of the bill by a health insurer shall not excuse the obligation
      of either party to make payment; however, if a bill is disallowed or the benefit reduced
      because of the failure of a party to follow procedures or requirements of the carrier, IT IS

,.    ORDERED that the party failing to follow the carrier's procedures or requirements shall be
      wholly responsible for the increased portion of that bill.
              IT IS FURTHER ORDERED that no surgical procedure, other than in an emergency
      or those covered by insurance, shall be performed on the child unless the parent consenting
      to surgery has first consulted with at least two medical doctors, both of whom state an
      opinion that the surgery is medically necessat)'.lT IS FURTHER ORDERED that a parent

"j
      who fails to obtain the required medical opinions before consent to surgery on the child shall
      be wholly responsible for all medical and hospital expenses incurred in connection therewith.

'j'           I fhealth insurance coverage for the children is provided through a health maintenance
      organization (HMO) or preferred provider organization (PPO), the parties are ORDERED

 j    to use health-care providers who are employed by the HMO or approved by the PPO
      whenever feasible. If health-care expenses are incurred by using that HMO or PPO plan,
 j    DA YID CAR Y is ORDERED to pay 50 percent and JENNIFER CARY is O~{~~~)f~:~~",

                                                                                   f~~""'" A~5~\
      FINAL ORDER                                                      Page22      ~.1 f~~~.<f'/                                       Y'" ~
      S:\CLlENTS\Cary\Ordcrs\FlnaIOrderModificationLAD.wpd             November 30,}M.(,   I . "'. '~                                  i'r=
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..,..                               -
        5'0 percent of all reasonable and necessary health-care expenses not paid by insurance and
        incurred by or on behalf of the children, including, without limitation, any copayments for
        office visits or prescription drugs, the yearly deductible, if any, and medical, surgical,
        prescription drug, mental health-care services, dental, eye care, ophthalmological, and
        orthodontic charges, for as long as child support is payable Wlder the terms of this order. 1f
        a party incurs health-care expenses for a child by using the services of health-care providers
        not employed by the HMO or approved by the PPO, except in an emergency, without the
        written agreement of the other party, the party incurring the services is ORDERED to pay 50
        percent and the other party is ORDERED to pay 50 percent of all reasonable and necessary
        health-care expenses not paid by insurance and incurred by or on behal f of the children, as


,.
        set out above. If a party incurs health-care expenses for a child by using the services of
        health-care providers not employed by the HMO or approved by the PPO in an emergency
        or with the written agreement of the other party, the party incurring the services is
.,..    ORDERED to pay 50 percent and the other party is ORDERED to pay 50 percent of all
        reasonable and necessary health-care expenses not paid by insurance and incurred by or on
        behalf of the children, as set out above.
               IfDA VID CARY provides health insurance for the children through an HMO or a
'T'
        PPO that does not provide coverage for the children where the children reside or have
        network providers in the area where the children reside, DA VJD CARY is ORDERED to pay
 'T'
        100 percent of all reasonable and' necessary health-care expenses not paid by insurance and
        incurred by or on behalf of the children.
               If the children are enrolled in a health-care plan that is not an HMO ora PPO, DAVID

  'j'   CARY is ORDERED to pay 50 percent and JENNIFER CARY is ORDERED to pay 50
        percent of all reasonable and necessary health-care expenses not paid by insurance and
  'j    incurred by or on behalf of the children, including, without limitation, the yearly deductible,
        if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care,
        ophthalmological, and orthodontic charges, for as long as child support is    paya~~~f~?~~>,
        ... NALORDER
        S:\CLlENTS\Cary\Orders\FlnaIOrderModificationLAD.wpd
                                                                          P".23          l~~~{~~ ~<;:l
                                                                          November 30, 20~ 0 \.           I, ....'.:                .,'~}

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.,..    terms of this order.
                11.        Payment of Uninsured Expenses-IT IS ORDERED that the party who pays
        for a health-care expense on behalf of the children shall submit to the other party, within ten

,.      days of receiving them, all forms, receipts, bills, and explanations of benefits paid reflecting
        the uninsured portion of the health-care expenses the paying party incurs on behalf of the

.,.     children. IT IS FURTHER ORDERED that, within ten days after the nonpaying party
        receives the explanation of benefits stating benefits paid, that party shall pay his or her share
        of the uninsured portion of the health-care expenses either by paying the health-care provider
        directly or by reimbursing the paying party for any advance payment exceeding the paying
        party's share of the expenses.
                12.        Exclusions-The provisions above concerning uninsured expenses shall not
.,.     be interpreted to include expenses for travel to and from the health-care provider or for


,.
        nonprescription medication.
               13.         Reasonableness of Charges-IT IS ORDERED that reasonableness of the
        charges for health-care expenses shall be presumed on presentation of the bill to a party and
        that disallowance of the bill by a health insurer shall not excuse that party's obligation to
        make payment or reimbursement as otherwise provided herein.
                14.        Information Required-IT IS ORDERED that a party providing health
        insurance shall furnish to the other party the following information no later than the thirtieth
        day after the date the notice of the rendition of this order is received:
                      a.    the Social Security number of the party providing insurance;
                      b.    the name and address of the employer of the party providing insurance;
                      c.    whether the employer is self-insured or has health insurance available;
                      d.    proof that health insurance has been provided for the children; and

 j                    e.    the name of the health insurance carrier, the number of the policy, a copy of
                            the policy and schedule of benefits, a health insurance membership card,




  ,..   FINAL ORDER
        S:\CLlENTS\Cary\Order,\FlnaIOrderModificationLAD.wpd
"'"

                               employer is self-insured, a copy of the schedule of benefits, a membership
                               card, claim forms, and any other information necessary to submit a claim.
                     IT IS FURTIIER ORDERED that any party carrying health insurance on the children


...
              shall furnish to the other party a copy of any renewals or changes to the policy no later than
              the fifteenth day after the renewal or change is received.
                     IT IS FURTIIER ORDERED that a party providing health insurance shall provide to
              the other party any additional information regarding health insurance coverage that becomes
              available to the party providing insurance. IT IS FURTHER ORDERED that the information
              shall be provided no later than the fifteenth day after the date the information is received.
                      15.    Notice to Employer-On this date a Medical Support Notice was
              signed/authorized to be issued by the Court. For the purpose of section 1169 of title 29 of the
              United States Code, the party not carrying the health insurance policy is designated the
              custodial parent and alternate recipient's representative.
                      16.    Termination or Lapse of Insurance-I f the health insurance coverage for the
              children lapses or terminates, DA VID CARY is ORDERED to notiry JENNIFER CARY not
              later than the fifteenth day after the date of termination or lapse. Thereafter, the party ordered
              to provide the health insurance coverage for the children, pursuant to the provisions found
r
              herein above, is ORDERED to notiry the other party not later than the fifteenth day after the


-I
              date the insurance becomes available and to enroll the children in a health insurance plan at
              the next available enrollment period.
                      17.    Place of Transmittal-IT IS ORDERED that all bills, invoices, statements,
              claims, explanations of benefits, insurance policies, medical insurance identification cards,

 -            other documents, and written notices, as well as payments, required to be transmitted by one
              party to the other under the health-care coverage and health insurance provisions ofthis order

     -
     .'
              shall be transmitted by the sending party to the residence of the receiving party.



     -
                      18.    WARNING-A PARENT ORDERED TO PROVIDE HEALTH INSURANCE

              WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL E~~~

                                                                                         /'QI::J'<~-'\
              FINAL ORDER                                                         P.ge25~*{-··""::'~? \ ...,:~
              S:\CLIENTS\Cary\Orden\F\naIOrderModific.lionLAD.wpd                 Nonmb~ 3t1. 2006fv.W'~;,,\                ! U)~

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       ,    .


           Cl-ULDREN, WITIlOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE
           BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVlDED, AND FOR TIlE COST
           OF HEALTH INSURANCE PREMIUMS OR CONTRJBUTIONS. IF ANY, PAID ON
           BEHALF OF TIlE CHILDREN.
                   IT IS ORDERED that the provisions for child support in this order shall be an
           obligation of the estate of DA VlD CARY and shall not terminate on the death of DA VID
           CARY.
           Required Information
'T"
                  The infonnation required for each party by section I 05.006(a) of the Texas Family
           Code is as follows:


,.
           Name: JENNIFER CARY
                 Social Security number:


,.               Driver's license number and issuing state:
                 Current residence address:

,.               Mailing address:
                 Home telephone number:
                Name of employer:                                Jennifer Cary Designs
                Address of employment:

.,..             Work telephone number:
       Name: DAVID CARY
                Social Security number:
                 Driver's license number and issuing state:
                 Current residence address:
                 Mailing address:

 'j              Home telephone number:

                 Name of employer:
 ...
 .1              Address of employment:


 j         FlNALORDER
           S:\CLIENTs\Cary\Orden\FlnaIOrderModificationLAD.wpd
..,.              ..
           .. . .
              '
                       Work telephone number:


.,.
                  Required Notices

.,.                      EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
                  EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY

..,.              CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
                  HOME TELEPHONE              NUMBER,        NAME OF   EMPLOYER,         ADDRESS                      OF
.,.               EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE
                  NUMBER. THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE
                  TN ANY OF TIlE REQUlRED INFORMATION TO EACH OTHER PARTY, TIlE
                  COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60 rn DAY
.,.               BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD
                  NOT HA VE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DA Y
.,.               NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
                  BEFORE THE FIFTH DAY AFTER THE DATE n'IAT PARTY KNOWS OF TI-IE
                  CHANGE.

.,.                      THE DUTY TO FURNlSH THIS INFORMATION TO EACH OTHER PARTY,
                  THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY
                  PERSON, BY VIRTUE OF THIS ORDER IS UNDER AN OBLIGATION TO PAY
                  CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

 .,.                     FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
                  EACH OTHER PARTY, THE COURT, AND TIlE STATE CASE REGISTRY WITH THE

  'j
                  CHANGE IN TIlE REQUIRED INFORMATION MAY RESULT IN FURTHER
                  LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A
  .,.             FINDING OF CONTEMPTMA Y BE PUNISHED BY CONFINEMENT IN JAIL FOR UP



  -
                  TO SlX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
       I          JUDGMENT FOR PA YMENT OF ATTORNEY'S FEES AND COURT cg,~.l~;,
                                                                                        ''''''\0\CT     c   Illf/l/



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                                    ....
                Notice shall be given to the other party by delivering a copy of the notice to the party
         by registered or ccrti tied mai I, return rcceipt requested. Notice shall be given to the Court by
..,.
         delivering a copy of the notice either in person to the clerk of this Court or by registered or
         certified mail addressed to the clerk at 210 South McDonald, McKinney, TX 75069. Notice
         shall be given to the state case registry by mailing a copy of the notice to State Case Registry,
         P.O. Box 12017, Austin, Texas 78711-2017.
         Warn in es
..,.            WARNINGS TO PARllES: FAlLURE TO OBEY A COURT ORDER FOR CHILD
         SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MA Y RESULT IN
.,.      FURTIlER LITIGA llON TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
         COURT. A FINDING OF CONTEMPT MAYBE PUNISHED BY CONFINEMENT IN
         JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION,
         AND A MONEY JUDGMENT FOR PA YMENT OF ATTORNEY'S FEES AND COURT
.,.      COSTS.


-.j
                FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
         PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN

.,.      THE PARTY'S NOT RECEIVING CREDIT FOR MAKING TIlE PAYMENT.
                FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY

 .,.     DENYING TI-IAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
         CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
         CHILD DOES NOT JUSTIFY FAILURE TO PA Y COURT-ORDERED CHILD SUPPORT
 "T'
         TO THAT PARTY.

  j"
         Attornev's Fees
                IT IS ORDERED that JENNIFER CARY is granted ajudgment against DAVID CARY for

  ..,.   $416,543.16 for reasonable and necessary attorneys' fees incurred by her in obtaining orders
         pertaining to the children the subject of this suit. The Court fmds this judgment is necessary to aid

  T


  T


  'j
.,.         "   .   -against DAVID CARY for $416,543.16, such judgment bearing interest at 8.25% per annum

.,.                 compounded annually, pursuant to the Texas Finance Code, section 304.003(c) and the Consumer
                    Credit Commission, from the date the judgment is signed until paid, for which let execution issue
                    if it is not paid. IT IS FURTHER ORDERED that all writs necessary to enforce this
.,..
i
I


                    judgement be issued.

..,.
I
                           Subject to the two paragraphs found immediately herein above, IT IS ORDERED that
                    JENNIFER CARY is responsible and shall pay all attorney fees, costs and expenses incurred

.,.                 by her or on her behalf in this litigation and the associated litigation, Cause No. 05-1941 0- Y,
                    in the 330lh District Court, Dalla') County, Texas.
                           Subject to the two paragraphs found immediately herein above, IT IS ORDERED that
                    DA VlD CARY is responsible and shall pay all attorney fees, costs and expenses incurred by

    T               him or on his behalf in this litigation and the associated litigation, Cause No. 05-19410- Y,
                    in the 330 th District Court, Dallas County, Texas.
                    Discharre from Discovery Retention Requirement

.,.                        IT IS ORDERED U1at the parties and their respective attorneys are discbarged from
                    the requirement of keeping and storing the documents produced in this case in accordance
                    with rule 191.4(d) of the Texas Rules of Civil Procedure.
                    Relief Not Granted
                           IT IS ORDERED that all relief requested in this case and not expressly granted is
    j"
                    denied. All other terms of the prior final orders not specifically modified in this order shall

    ,.              remain in full force and effect. IT IS FURTIIER ORDERED AND DECREED that this
                    Order resolves all issues and all parties and is final and appealable.
                    Date of Order
    i
                           This ORDER was judicially PRONOUNCED AND RENDERED in court at
                    McKinney, Collin County, Texas, on the 25 th day of October, 2006, and further noted on the



    -
                                       eet on the October 25, 2006, same date, and further signed by this Court

                       ~~~~:J..t-' 2006.



        j           FINAL ORDER
                    S:\CLIENTS\CBry\Orden\Fln810rdcrModificationLAD.wpd


        j
..,.           .-
..,.                                                         rfuniL~
                                                            JUDGE PRESJD1N'6
.,.
               APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:



               JENNIFER CARY, Petitioner



..,.

.,.            DA VID CARY, Respondent


 .,.           APPROVED AS TO FORM ONLY:
               Laurence A. DePlaza, P.C.
               5172 Village Creek Drive # 103
               Plano, TX 75093
               Tel: 972-380-4222
 or            Fax: 972-380-4229

               By:
                      Laurence A. DePlaza
                      State Bar No. 02655840
                      Attorney for Jennifer Lynn Cary

               Rick Robertson
               5700 West Plano Parkway, Suite 2200
  j'"
               Plano, TX 75093-2411
               Tel: 972-769-2727
               Fax: 972-769-0313
  or
               By:
                      Rick Robertson
   T
                      State Bar No. 17070700

   -
                      Attorney for Jennifer Lynn Cary
       j




   -       J
               FrNALORDER
               S:\CLlENTS\Cary\Orden\F1naIOrderModifKationLAD.wpd



       j



       j
                                        ---- -   ---   ._------------------------




         Gunnstaks Law Office
         15 150 Preston Rd., Ste. 300
         Dallas, TX 75248
         Tel: 972-392-2300
         Fax: 972-763-2469
to


         By:
                 C. Luke Gunnstaks
                 Stale Bar No. 08624370
                 Attorney for David F. Cary




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                      ..
STATE Of n-XAS   )
                      ..
COUNTY OFl"OlliN )




                     -
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                                                 1211712009 4:30 PM SCANNED




"'T"
                                                      NO. 380-54606-03

,.           IN THE INTEREST OF                               §
                                                              §
                                                                   IN THE DISTRICT COURT


,.                                              AND

                                                              §
                                                                   380TH JUDICIAL DISTRICT
                                                              §
                                                              §
             CHILDREN                                         §    COLLIN COUNTY, TEXAS


T                                      ORDER ON MOTION FOR SANCTIONS

                     On April 23, 2007 the Court considered the Motion for Sanctions of JENNIFER LYNN
j
             CARY in relation to the Original Petition to Modify Child Support in Suit Affecting Parent-

 i           Child Relationship and Motion to Transfer filed by DA VID FREDERICK CARY on January 23,

             2007.
 T                   Movant, JENNIFER LYNN CARY, appeared through attorney of record, Rick

             Robertson.
T
                     Respondent, DAVID FREDERICK CARY, appeared through attorney of record, C. Luke

 T           Gunnstaks.

                     The Court finds that on October 23,2006 it rendered a decision modifying the parties'
 'T
             Final Decree of Divorce and setting child support. The Final Order of Modification evidencing

    T        that decision was signed by the Court on December I, 2006.

                     The Court finds that on January 23,2007 DAVID FREDERICK CARY filed an Original
    T
             Petition to Modify Child Support in Suit Affecting Parent-Child Relationship and Motion to
     ,


     j       Transfer. Said Petition alleged:



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                       J)        The Petitioner has securedfoll-time employment at a salary higher than that
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                                attributed to him at the time of hearing or entry of either of the alternative orders

                                to be modified;
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                      2)        Petitioner has remarried and as a result the amount ofhis reasonable and

j                               necessary monthly expenses have changed since entry of either of the alternative

                                orders to be modified.
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             The Petition was signed by DAVID FREDERICK CARY's attorney, C. Luke Gunnstaks and

 j           verified by DAVID FREDERICK CARY. Subsequently this Court conducted a hearing on

             DA VID FREDERICK CARY's Motion to Transfer which was denied. DAVID FREDERICK
 r           CARY filed a Writ of Mandamus with the Court of Appeals which was denied and then with the

             Supreme Court of Texas which was also denied.
    T
                      The Court finds that the evidence from DAVID FREDERICK CARY substantiated both

 T           a forty-three percent (43%) increase in his income and a $3,000.00 per month decrease in his

             expenses since the rendition of the prior order. Additionally, the Court finds that DAVID
    T
             FREDERICK CARY incurred attorney's fees and expenses of $50,000.00 in this lawsuit. The

     j       Court further finds that DAVID FREDERICK CARY and his attorney, C. Luke Gunnstaks,

             knew at the time each of them signed the Petition that neither the allegations in the Petition nor
     j
             the facts upon which they were based justified a decrease in child support.

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                      The Court finds that DAVID FREDERICK CARY'S Motion to Modify in Suit Affecting

             the Parent-Child Relationship was filed frivolously or designed to harass JENNIFER LYNN

     T       CARY.


         T   Orda- on Motion for Sanctions - Page 2
             r4691.0 Ilk:\data\rlr\cary\modifj cation2\order on motion fOT sanctions:wpd
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,.                The Court further finds that DAVID FREDERICK CARY's Motion to Modify in Suit

        Affecting the Parent-Child Relationship was groundless and brought in bad faith in violation of

,.      Section 10.001 of the Texas Civil and Practice and Remedies Code and Texas Rules of Civil



,.
        Procedure 13.

                  The Court notes the file in this case and the history and course of the dealings between


,.      the parties along with previous motions filed by DAVID FREDERlCK CARY and addressed by



,.
        this Court. In particular, the Court further notes that there is a history of motion practice by

        DAVID FREDERICK CARY and his attorney, which the Court deems as having been improper



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        and that the Court finds have directly resulted in wmecessary harassment and expenses

        incurred by JENNIFER LYNN CARY. More importantly, the Court believes and finds that the

j       childrens' well being has suffered due to expenses incurred for attorneys' fees. The Court

        further notes that the previous judgment enumeraled in the December 1, 2007 order in the

        amount of$416,543.16 has gone unsatisfied. Consequently, the Cow1 believes that it must set a

        sanction in an amount sufficient to deter any future "improper" motions and legal action by
j
        DAVfD FREDERICK CARY and his attorney, which will result in Petitioner and her children

j       having to incur further needless attorneys' fees and expenses as well loss oftime in dealing with

        future motions without merit or that will further result in the harassment of Petitioner.
 j
                  A sanction against DAVID FREDERICK CARY in the form of a monetary payment of

    j   $50,000.00 is appropriate to deter repetition of his sanctionable conduct or comparable conduct

        by others similarly situated. See Tex. Civ. Prac. & Rem Code § 10.OO4(b) and (c)(2).
 r
 r      Order on Motion for Sanctions - Poge 3
        [4691.01 }k:\datll\rIr\cary\modific8tion 2\order 00 motion for sanctions.wpd

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                  A sanction against C. LUKE GUNNSTAKS in the form of a monetary payment of
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        $50,000.00 is appropriate to deter repetition of his sanctionable conduct or comparable conduct

        by others similarly situated. See Tex. Civ. Prac. & Rem Code § 10.004(b) and (c)(2).
i
                  The sanctions imposed herein are appropriate, just and proper under the facts and

i       circumstances of this case.

                  IT IS THEREFORE ORDERED that DAVID FREDERICK CARY pay sanctions in the
i


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        amount of $50,000.00 to JENNIFER LYNN CARY through her attorneys, Koons, Fuller,

    I   Vanden Eykel & Robertson, P.C., at 5 00 W. Plano Parkway, Suite 2200, Plano, Texas 75093,

        on or before 5 :00 p.m. on                                                 ;)-~     ,2007.
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                  Additionally, IT IS 0                                           C. LUKE GUNNST AKS pay sanctions in the

T       amount 0[$50,000.00 to JENNIFER L                                         CARY through her attorneys, Koons, Fuller,

                                                                             W. Plan?:ay, Suite 2200, Plano, Texas 75093,
j
        on or before 5:00 p.m. on            ---f--F-"-----><;.-¥-.=.~---, 2007.
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                                        .'   '-.l ',-, ... ___ - •. - .• --~---



    r   Order on Motion for Sanctions - Page 4


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        [4691.0 I]k:\data\rlr\cary\modification 2\order on motion for sanctions. wpd




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STATE OF TF.XAS    I
COUNT Y OF ('ULLIN I




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                                                   1211712009 4:29 PM SCANNED

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                                                    No. 380-54606-03
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         In the Interest of                                                                 In The District Court of

                                                                                                Collin County, Texas
r                                    and
                                                                                               380th Judicial District

r
                                 Order Approving Receiver's ht Interim Application For
                              Authority To Disburse Funds And Approval Of Receiver's Fees
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                CAME ON TO BE CONSIDERED on this day the receiver's 1st Interim Inventory and

         Receiver's 1st Interim Application For Authority To Disburse Funds And Approval of Receiver's Fees.

         The Court, after considering the papers herein on file, and the testimony and arguments of counsel, finds

         that the parties have been properly served with notice and are before the Court.

                The Court finds that the time and expenses spent by the receiver, and the fees charged as shown
T
         in the Application are reasonable and were necessary in the perfonnance of the receiver's duties, and

         they are Approved. The actions taken by the receiver to date are approved in all respects.


r               It is Ordered that the I st Interim Inventory filed by the receiver, Michael S. Bernstein,        IS


         approved in all respects;

j                the receiver, Michael S. Bernstein, is directed and authorized to distribute to the plaintiff,


,.       Jennifer Cary, the amount of$55,542.38 out of the receivership funds; it is further

                 Ordered that 8,435.00 is approved as a reasonable and necessary receiver's fee for the period


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                                                                            ..
                                                                            -
STATE Of Tf.xAS  I
COUNTY Of COLLIN I
I. Hanllllh K""IJ(.I)o~ CIcrtI in and fOf Collin C~ Tna. do
IIcmIy CCI1il)' that lhc abo\~ rORfoin, i, • rruc and C'tlrTM c~· (1f lhc


..                                 .•
arifinal docIe~l as 1hc _       ~ CX11hc file in (he OIS1riCl Coutt.
CoIl!ph~' ~ W~ my'" JI)I!~-' 01 U1d COIII1.lhis
     ~.,aI~~~                           l.U.
                        HAN H K HK             0        I   CL
                        COl Ne NT                   S
.,.                                        1/2912009 12:19 PM SCANNED




                                                   NO. 380-54606-03

          IN THE INTEREST OF                                §    IN THE DISTRICT COURT
                                                            §
                                             AND

.,.
                                                            §    380TH JUDICIAL DISTRICT
                                                            §
          CmLDREN                                           §    COLLIN COUNTY, TEXAS

                         PETITION TO MODIFY PARENT-cmLD REI,ATIQNSHIP



,.
          1.      Discovery Level

                  Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas

          Rules of Civil Procedure.

          2.      Parties and Order to Be Modified



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                  This suit to modify a prior order is brought by Dave Cary, Petitioner. The last three digits
    I
          of the social security number of Dave Cary are        . The last three digits of the driver's license

          number of Dave Cary are       . Respondent is Jennifer Cary. Petitioner is the father of the children
r         and has standing to bring this suit. The requested modification will be in the best interest of the

          children.

                  The order to be modified is entitled Final Order of Modification and was rendered on

r         December I, 2006.


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          3.      Jurisdiction

                  This Court has continuing, exclusive jurisdiction of this suit.

          4.      Children

                  The following children are the subject of this suit:

          Name:
i         Sex: Female


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          Birth date:

          County of residence: Collin

j         Name:


...
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          Petition to Modify Parent-Child Relationship - 1-9-09



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    ...
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        Sex: Female

        Birth date: 0

        County of residence: Collin

.,.     5.      Parties Affected

                The following parties may be affected by this suit:

i       Name: Jennifer Cary

        Relationship: mother
j
               Process should be served at 5520 Gleneagles Drive, Plano, Texas 75093

        6.     Health Insurance In/ormation
j
                Infonnation required by section 154.l81(b) of the Texas Family Code is provided in the

        statement attached as Exhibit A.
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        7.      Children's Property

j               There has been no change of consequence in the status of the children's property since the

        prior order was rendered.

r       8.      Modification o/Conservatorship, Possession and Access

                The order to be modified is not based on a mediated or collaborative law settlement

r       agreement. The circumstances of the children, a conservator, or other party affected by the order to

        be modified have materially and substantiaJly changed since the date of rendition of the order to be
j
        modified.

               Petitioner requests that he be named the sole managing conservator of the children with all
r       rights and duties attendant thereto. In the alternative, Petitioner requests that he be appointed as the


r       Joint Managing Conservator who has the right to designate the primary residency ofthe children.

                Petitioner requests that the rights and duties ofthe respective conservators of the children be

    j   modified to provide as follows: that Petitioner be given the primary right of possession of the



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        children, the sole right to establish the domicile ofthe children, the sole rig4~\to,mak!1 educational
                                                                                     "","\~\CT C "   1 11




                                                                              psY~\)'f·········ec~~~~:'t{or the
                                                                                                         ;,



    j   decisions for the children and the sole right to make medical and



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        Petition to Modify Parent-Child Relationship - 1-9-09
                                                                                 f ( .".,     b~-;:-~\ ~



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         children.

.,.               Petitioner requests that the tenns and conditions for access to or possession of the children

         be modified to provide as follows: to give Petitioner primary possession of the chHdren and provide
.,.      a possession schedule with the children for Respondent under such times and such conditions that


.,.
         will be in their best interests ..

                 Respondent has a history or pattern of emotional abuse directed against


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               and                            in that she actively attempts to alienate the children from their

         father. Petitioner requests that the Court render a possession order that provides that Respondent's

.,.      periods of visitation be continuously supervised by an entity or person chosen by the Court until

         Respondent has received the proper treatment and been released by a Court-appointed therapist

                 The requested modification is in the best interest of the children.

         9.      Support

                 The order to be modified is not based on a mediated or collaborative law settlement

         agreement. The circumstances of the children or a person affected by the order have materially and

         substantially changed since the date of the rendition of the order to be modified, and the support

,.       payments previously ordered should be decreased or tenninated. The support payments previously

         ordered are not in substantial compliance with the guidelines in chapter 154 of the Texas Family

         Code, and the requested decrease or termination would be in the best interest of the children.

         Petitioner requests that any decrease or termination be made retroactive to the earlier of the time of

j        service of citation on Respondent or the appearance of Respondent in thi s modi fication action. Upon

         the rendering of the final order in this case Petitioner requests that Respondent be ordered to make

         child support payments to him in accordance with the guidelines set forth in the Family Code.

                 The requested modification is in the best interest of the children.

         10.     Request for Temporary Orders

                 Petitioner requests the Court, after notice and hearing, to make ,~~~~~~rs for the

                                                                                fOlr~i:"-~\"'''Z~~\
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         safety and welfare of the children, including but not limited to the


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                  Reducing Petitioner's obligation to pay child support to guideline child support, or

..,.      alternatively abating any such obligation .

                  Enjoining Respondent from removing the children beyond a geographical area identified by

          the Court, acting directly or in concert with others.

                 Ordering the psychological evaluation of the children to detennine if Respondent is
.,.       attempting to alienate the children from Petitioner, their father and, if necessary, therapy for the

          children.

                  Allowing Petitioner to pick up the children from school for his weekend and holiday

,.        possession periods.

           ll.   Collin County Standing Order

 ,.               Attached hereto as "Exhibit A" and incorporated by reference herein as if recited verbatim,

          are the Collin County District Courts General Orders (Collin County Standing Order Regarding

 T        Children, Property and Conduct of the Parties). Petitioner requests that this Order continue in full


...
          force and effect as a temporary injunction until further order of this Court .
  I       12.     Requeslfor Permanenllnjunction

                  Petitioner requests the Court, after trial on the merits, to grant the following permanent

          injunction enjoining Respondent from:

 ,.              a.

                 b.
                         Disturbing the peace of the children or of another party.

                         Withdrawing the children from enrollment in the school or day-care facility where

                         the children are presently enrolled.
  j
                 c.      Hiding or secreting the children from Petitioner.

                 d.      Making disparaging remarks regarding Petitioner or Petitioner's family in the

                         presence or within the hearing of the children.

                 e.      Removing the children from the jurisdiction of this Court with the intent of changing



                                                                                                        .
                         their residence and/or depriving this Court of jurisdiction..     """?,\CT''2.''''''",,
                                                                                         /:J~;-~-:::~~\
  J!!II




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          13.    Request for AI/arney's Fees. Expenses. Costs. and Interest

  J




  ,..
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,.               It was necessary for Petitioner to secure the services of Patricia D. Keane a licensed attorney,

         to preserve and protect the children's rights. Respondent should be ordered to pay reasonable



,.
         attorney's fees, expenses, and costs through trial and appeal, and ajudgment should be rendered in

         favor of this attorney and against Respondent and be ordered paid directly to Petitioner's attorney,

         who may enforce the judgment in the attorney's own name. Petitioner requests post judgment interest

         as allowed by law.

         14.    Prayer
.,..
,.
                Petitioner prays that citation and notice issue as required by law and that the Court enter its

         orders in accordance with the allegations contained in this petition.

                Petitioner prays that the Court immediately grant a temporary restraining order restraining

         Respondent, in confonnity with the allegations of this petition, from the acts set forth above, and

         Petitioner prays that, after notice and hearing, this temporary restraining order be made a temporary

r        injunction.

                 Petitioner prays that, on final hearing, the Court enter a pennanent injunction enjoining

         Respondent, in confornlity with the allegations of this petition, from the acts set forth above.

                 Petitioner prays for temporary orders in confonnance with this pleading.

                 Petitioner prays for attorney's fees, expenses, costs, and interest as requested above.

                Petitioner prays for general relief.
r                                                       Respectfully submitted,


 -
 J                                                      Keane Fowler & Donohue
                                                        2208 Routh Street
                                                        Dallas, TX 7520 I

 ""
 J
                                                        Tel: (214) 871-9100
                                                        Fax: (214) 871-2426


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                                                         By:      ,.-:y:/u, i     j).      /) .ecl   it "
                                                               PatrICia D. Keane             ..... .
                                                               State Bar No. 11139450 ",<j~:.'.:::.
  J                                                            Attorney for Petitioner /Q'>.....     .
                                                                                        {-it (~i:f7>' ~
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                                 COLLIN COUNTY DISTRICT COURTS
                                          GENERAL ORDERS



                      COLLIN COUNTY STANDING ORDER REGARDING CHILDREN.
                             PROPERTY AND CONDUCT OF THE PARTIES




,..
                     No party to this lawsuit has requested this order. Rather, this order is a standing
             order of the Collin County District Courts that applies in every divorce suit and every suit
             affecting the parent-cruld relationsrup filed in Collin County. The District Courts of
             Collin County have adopted trus order because the parties and their children should be
             protected and their property preserved while the lawsuit is pending before the court.
             Therefore it is ORDERED:


,.           I.      NO DISRUPTION OF CHILDREN. Both parties are ORDERED to refrain from
             doing the following acts concerning any children who are subjects of this case:
                     1.1    Removing the children from the State of Texas, acting directly or in
                            concert with others, without the written agreement of both parties or an
                            order of this Court.
;-                   1.2    Disrupting or withdrawing the children from the school or day-care
                            facility where the children are presently enrolled, without the written
                            agreement of both parents or an order of this Court.
l'                   1.3    Hiding or secreting the children from the other parent or changing the
                            children's current place of abode, without the written agreement of both

,..                  1.4
                     1.5
                            parents or an order of this Court.
                            Disturbing the peace of the children.
                            Making disparaging remarks about each other or the other person's family
                            members, to include but not be limited to the child's grandparents, aunts,
                            uncles, or stepparents.
                     1.6    Discussing with the children, or with any other person in the presence of


    -
                            the children, any litigation related to the children or the other party.
                     1.7    {fthis is an original divorce action, allowing anyone.with whom the party
    J                       is romantically involved, to remain over night in the home while in
                            possession of the child. Overnight is defmed from 10:00 p.m. unliI7:00
                            a.m.
    ~
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             2.  CONDUCT OF THE PARTIES DURING THE CASE. Both parties arc
             ORDERED 10 refrain from doing the following acts:

    r            2.1    Using vulgar, profane, obscene, or indecent language, or a coarse or
                        offensive manner to communicate with the other party, whether in person,
                        by telephone, or in writing.
                  2.2   Threatening the other party in person, by telephone, or in writi~~,\f?J~e
    ~
                                                                                        --,"'0~'~~g!....~p:;;"",

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    J                       W1lawful action against any person.
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                    2.3      Placing one or more telephonc calls, at an unreasonable hour, in an oTfensive
                             or repetitious manner, without a legitimate purpose of communication, or
                             anonymously.
                    2.4      Opening or diverting mail addressed to the other party.

i           3.     PRESERVATION OF PROPERTY AND USE OF FUNDS DURING DIVORCE
            CASE. If this is a divorce case, both parties to the marriage are ORDERED to refrain from

,..         doing the following acts:
                   3.1     Destroying, removing, concealing, encumbering, transferring, or otherwise
                           harming or reducing the value of the property of one or both of the parties.
                   3.2     Misrepresenting or refusing to disclose to the other party or to the Court, on
                           proper request, the existence, amount, or location of any property of one or
i

,.
                           both of the parties.
                   3.3     Damaging or destroying the tangible property of one or both of the parties,
                           including any document that represents or embodies anything of value.
                   3.4     Tampering with the tangible property of one or both of the parties, including
                           any document that represents or embodies anything of value, and causing
                           pecuniary loss to the other party.
j                  3.5     Seiling, transferring, assigning, mortgaging, encumbering, or in any other
                           manner alienating any of the property of either party, whether personal
                           property or real estate property, and whether separate or community, except as
                           specifically authorized by this order.
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                    3.6    Incurring any indebtedness, other than legal expense in connection with this
                           suit, except as specifically authorized by this order.
                   3.7     Making withdrawals from any checking or savings account in any financial
    J                      institution for any purpose, except as specifically authorized by this order.
                   3.8     Spending any sum of cash in either party's possession or subject to either
                           party's control for any purpose, except as specifically authorized by this order.
j                   3.9    Withdrawing or borrowing in any marmer for any purpose from any
                           retirement, profit-sharing, pension, death, or other employee benefit plan or
                           employee savings plan or from any individual retirement account or Keogh
                           account, except as specifically authorized by this order.
    T              3.10 Signing or endorsing the other party's name or any negotiable instrument,
                           check, or draft, such as tax refunds, insurance payments, and dividends, or
                           attempting to negotiate any negotiable instrument payable to the other party
    j


    -
                           without the personal signature of the other party.
                    3.11 Taking any action to terminate or limit credit or charge cards in the name of
                           the other party.
                    3.12 Entering, operating, or exercising control over the motor vehicle in the
                           possession of the other party.
                    3.13 Discontinuing or altering the withholding for federal income taxes on wages
                           or salary whlle this suit is pending.
     j              3.14 Terminating or in any manner affecting the service of water, electricity, gas,


     ...
                           telephone, cable television, or other contractual services, such as\~~ur.i~, pest
                           control, landscaping, or yard maintenance at the other party,:~~~.~n""




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                                   any manner attempting 10 withdraw any deposits for service in connection
                                   with such services.
                           3.15    Intercepting or recording the other party's electronic communications.

                    4.      PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE. If this is a divorce
                    case, both parties to the marriage are ORDERED to refrain from doing the following acts:


..
                            4.1     Concealing or destToying any family records, property records, financial
                                    records, business records or any records of income, debts, or other obligations.
I
                            4.2     Falsifying any writing or record relating to the property of either party .
                            4.3     "Records" include e-mail or other digital or electronic data, whether stored on

,.                  5.
                                        a computer hard drive, diskette or other electronic storage device.

                           INSURANCE IN DIVORCE CASE. If this is a divorce case, both parties to the
                    marriage are ORDERED to refrain from doing the following acts:
                           5.1    Withdrawing or borrowing in any manner all or any part of the cash surrender
                                  value of life insurance policies on the Ii fe of either party, except as
                                  specifically authorized by this order.

,..                        5.2

                           5.3
                                  Changing or in any manner altering the beneficiary designation on any life
                                  insurance on the life of either party or the parties' children.
                                  Canceling, altering, or in any manner affecting any casualty, automobile, or

    ...
                                  health insurance policies insuring the parties' property of persons including
                                  the parties' minor children .
    I

                    6.      SPECIFIC AUTHORIZA TlONS IN DIVORCE CASE. If this is a divorce case, both
                    parties to the marriage are specifically authorized to do the following:
                            6.1     To engage in acts reasonably and necessary to the conduct of that party's
                                    usual business and occupation.
                            6.2     To make expenditures and incur indebtedness for reasonable attorney's fees
                                    and expenses in connection with this suit.
                            6.3     To make expenditures and incur indebtedness for reasonable and necessary


    -
                                    living expenses for food, clothing, shelter, transportation and medical care.
                            6.4     To make withdrawals from accounts in financial institutions only for the
        J                           purposes authorized by this order.


    ,..             7.      SERVICE AND APPLICATION OF THIS ORDER.
                            7.1  The Petitioner shall attach a copy of this order to the original petition and to
                                 each copy of the petition. At the time the petition is filed, if the Petitioner has
                                 failed to attach a copy of this order to the petition and any copy of the petition,
        •
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                                 the Clerk shall ensure that a copy of this order is attached to the petition and
                                 every copy of the petition presented.



            -
                            7.2  This order is effective upon the filing of the original petition and sball remain
                                 in full force and effect as a temporary restraining order for fourteen days after
            j                    the date of the filing of the original petition. I f no party contests this order by
                                 presenting evidence at a hearing on or before fourteen days after the date of
                                 the filing of the original petition, this order shall continue ~JutJ,:.fqt~aq~
                                 effect as a temporary injunction until further order of~®\:tbif.@!~~1\

                                                                                           f~!~t-c)~'\:
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                                           order will terminate and will no longer be effective when the court signs a
                                           final order or the case is dismissed.                            . .
.,                        8.        EFFECf OF OTHER COURT ORDERS. If any part of this order is different from


,.
                                    any part of a protective order that has already been entered or is later entered, the
                                    protective order provisions prevail. Any part of this order not changed by some later
                                    order remains in full force and effect until the court signs a final decree,

                          9.        PARTIES ENCOUMGED TO MEDIATE, The parties are encouraged to settle
                                    their disputes amicably without court intervention, The parties are encouraged to use
                                    alternative dispute resolution methods, such as mediation, to resolve the conflicts that
                                    may arise in this lawsuit

T                         THIS COLLIN COUNTY STANDlNG ORDER REGARDlNG CHILDREN, PROPERTY



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                          AND CONDUCf OF THE P ARTlES SHALL BECOME EFFECfIVE ON
                                  L        2006,
,
                           .~~
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T


                               ~~
    WI
    J

                           JUDGE CHARLES SANDOVAL                               GE CHRIS OLDNER
                           380lh     •                                     416 1h Disy.<'.... V'o'.V



    T                      JUDGE            T HENDERSON                          G NATHAN WHITE


    j'                         2;:;·tWJ66.D~iB{<~
                               fuDGE~
                               40 \It District Court
                                                                            JUDG              IA WHELESS
                                                                            417 th District Court
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                                          -
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STATE Of TEXAS    I
COUNTY OI't"OLLIN I




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                                          ..
                                                             31312009 324 PM SCANNED
                                                                                                  972 991 8910        P.002
                 MAR-03-2009    11:56          COLLINS BASINGER PULLMAN
,..

                                                         CAUSE NO. 380-54606-03


,.                    IN THE INTEREST OF                            §
                                                                    §
                                                                                          IN THE DISTRlCT COURT

                                                                    §                    380 TIt JUDICIAL DISTRICT

,.                    AND                                           §
                                                                    §
                      MINOR CHILDREN                                §                     COLLIN COUNTY, TEXAS

,..                                            JENNIFER CARY'S MonON TO RECUSE



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                               COMES NOw, JENNIFER CARY, Respondent, and files this Motion to ReCl.Lft wherein

                      JENNIFER CARY asks the presidins judge of the Court to recuse herself.

                                                            I. INTRODUCTION

                               JENNIFER CARY is the Mother of the Children and Respondent in this matter.
 j
                               DA VID FREDRICK CARY is the Father of the Children and Petitioner in this matter.

 ... I
                                                                  II. FACTS

                               JENNlFER CARY filed this motion less than ten days before this case is set for hearing
 r                    before the Court on a "Motion to Reconsider Order on Sanelio'lI;·· & "Order Appointing Receiver . ..

                               On February 25, 2009, JENNIFER CARY hired the firm of Collins, Basinger & Pullman,
                                                                                    111
                      P.C., which is the fum in which the presiding judge of the 380 Judicial District Cowt was
     j
                      associated with as a director prior to her election to the bench of said court. Further, Alma R.

                      Benavides, one of the attorneys representing Ms. Cary, was the treasurer of the presiding judge
         j
                      during her campaign prior to her election and presently remains treasurer of same. On February 26,

         -
         j
                      2009, Alma R. Benavides filed Respondent's Original Answer to the recent Perition      10 Modify   In

                      Suit Affecting lhe Parent-Child Relationship filed by Mr. Cary during the month of January 2009.
         r
             j




             r
.,.     MAR-03-2009        11:56             COLLINS BASINGER PULLMAN                            972 991 8910        P.003




.,.
             appearance, tbe following cOWlSel appeared before the Court:


    -
    ,                 a,
                      b.
                                   Luke Gunnstaks - on the motions set forth above:
                                   Byron Henry, Cowles & Thompson. representing Jennifer Cary as related to the


-
                                   motions set forth above; and
    ,                 c,           Patricia Keane, Keane Fowler & Donohue, representing David Fredrick Cary -
                                   attorney who filed Petition to Modify in Suit Affecting the Parent-Child Relationship;
                                   and
"T'                   d,           Alma R. Benavides, Collins Basinger & Pullman, representing Jennifer Cary -
                                   attomey who filed Respondent's Original Answer in response to the Petition to

,.                                 Modify in Suit Affecting the Parent-Child Relationship.

                      At the initial appearance before the Court, the Honorable Suzanne Wooten presiding,

             informed all counsel present of the following:

                      a.           Ms. Keane, the attorney representing Mr. Cary, by and through her finn made
                                   flOancial donations to the judge's campaign:
j
                      b.           Mr. Gunnstaks endorsed the presiding judge by picking up and displaying signs for
                                   her election during the campaign;
                      c.           Mr. Cary endorsed the presiding j udge by picking up signs for her election during the
                                   campaign - display of same is unknown at the time of the filing of t.Ns motion;
                      d.           Ms. Benavides was an associate of Collins , Basinger & Pullman, P.e. the finn with
                                   which Judge Wooten was previously a partner; and
l'                    c.           Ms. Benavides was Judge Wooten's campaign treasurer prior to her dection, and
                                   would likely continue to remain as treasurer in the future.

                      Judge Wooten from the bench, acknowledged the potential that her relationships would be

             brought into question and that she was inclined to recuse herself without a fonnal motion.
i


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                      Judge Wooten asked whether the parties would waive the "conflict." \Vhile Ms. Keane and

             Mr. Gunostaks expressed their waiver of the conflicts set forth above, a request was made by the

             Court to inquire as to whether the clients for Ms. Keane and Ms. Benavides would also waive the
i
             conflict. Ms. Benavides, after discussion and disclosure with Ms. Cary of the infonnation presented

j            by the Court at the onset of the hearing, informed the Court that Ms. Cary would not waivt! the



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            MAR-03-2009    11:56                                                                 972 991 8910          P.004
    \




                 the judge's failure to recuse herself. In addition, as set forth intra, Movant does Dot believe a waiver

.,..             is even possible to cure the problem. The Court requested a formal Motion     /0   Recuse to be filed with



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                 the Court which would be taken under advisement.

        I
                                         In. ARGUMENT TN SUPPORT OF RECl:SAL

..  ,
                          JENNIFER CARY would show that the history involving the case at bar has been highly

                 contentious. While the current primary issues before the Court arc the "Motion to Reconsider Order

'T               on Sanctions" &- "Order Appointing Receiver." the parties are once again involved in more litigation


,..              involving the children as a result of DAVID FREDERICK           CARY's request for modification of

                 prior orders.

j'                        There is no allegation that Judge Wooten would be biased in this proceeding. However,

                 based upon the strong possibility that any decision made by Judge Wooten will be subject to
T
                 comment, speculation and/or more litigious action - including appellate review - depending on the

                 ruling of the court as related to the pending motions and as to who the outcome would favor.

                 JENNIFER CARY believes that in the interest of all parties and counsel involved and to avoid any
T'
                 appearance of impropriety, the Honorable Suzanne Wooten should recusc herself.

                                   IV. AUTHORITIES IN FURl'HER SUPPORT OF RECUSAL


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                          The due process clauses of both the Texas and United States Constitutions guarantee a party

                 an impartial and disinterested tribunal in civil cases. Marshall v. Jerico. Inc .. 446 U.W. 238, 242

j                (1980); Metzger v. Stbek. 892 S.W.2d 20. 37-38 (Tex. App. - Houston [I SI Dist.JI994, writ denied).

                 JENNIFER CARY asserts that based upon the history of the litigious history of the casc, that
j
                 allegations will be made that either she or DA VlD FREDRICK CARY were deprived ofa fair trial


r
r
r                MOTION TO II.CCUJ;£
,.          MAR-03-2009       11:56            COLLINS BASINGER PULLMAN                            972 991 8910         P.OOS




                 (empbasu added1 be reasonably questioned as a result of the disclosures made by Judge Wooten at

                 the on.~t ofthehcaring scheduled on March 2, 2009. Tex. R. Civ. P. 18b(2)(a); Woodruffv. Wrighr.


..
'
        ,
                 51 S. W. 3d 727, 735-36 (Tex. App. - Texarkana 2001, pet. denied).

                             The inquiry the Court must make is whether a reasonable member of the public, knowing all

                 the facts in the public domain, would have a reasonable doubt that a judge is actually impartial.


.,.
                 Sears v. Olivarez. 28 S. W. 3d 611, 613 (Tex. App. -. Corpus Christi 2000, no pet.);            Je~   also

                 Woodruff 51 S.W. 3d at 736 (reasonable person standard). JENNIFER CARY asserts that based

                 on the fact that three out of the four     COUDSei   who appeared before the Court, including Mr. Cary



,.               himself who was in the courtroom but not before the bench, supported Judge Wooten during her

                 campwgn, and, if in fact a decision was made in favor of one party versus the other, such dccision

                 would be subject to speculation, comment and likely, appellate review.

                          The issue is Dot ODe of conflict but the appearaDcr of impropriety. The Court raised the

                 issue of the parties wa,jving the conflict. It is Movant's position that this type of situation cannot bc

                 waived. Canons 1 and 2 of the Code of Judicial Conduct refer to the "appearance of impropriety,"
    j
                 and the independence of the judiciary. Canon 2 also refers to the ''impression that they are in a

T                special position to influence the judge." The purposes of these provisions are not to protcc1 the


    -   J
                 parties, who could waive aconilict, but to protect the judicial process itself. Movant requests thc

                 Court to recuse herself so that no one can even question this Court's impartiality.


    T                                              V. NOTICE TO OTHER PARTIES

                             A copy of this Motion is served on the other parties on the same day as this motion is filed.
    T
                 JENNIFER CARY expects this motion to be presented to the judge with the utmost priority after it

    r            is filed.



    r
        T        MOTION TO RECUSE



    ,.. I
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    I
         MAR-03-2009    11:56            COLLINS BASINGER PULLMAN                            972 991 8910         P.006



    ,.
                                                       VI. CONCLUSION

    ,.                 JENNIFER CARY re-asserts paragraphs r - TV as set forth herein in her Motion      {O   Recuse.

              JENNIFER CARY further requests the Court to move forward with the Court's initial instinct to

              recuse herself from the case at bar.

                                                           PRAYER

                       For the reasons set forth herein, JENNIFER CARY asks the judge of the court either to



,.
              recwe herself and request that the presiding judge of this administrative judicial district assign

              another judge to this case, or in the alternative, to refer this motion to the presiding judge of this

              administrative district for a hearing on this motion.

'i                                                           Respectfully submitted by.
                                                                (




                                                             COLLINS BASINGER & PULLMAN P.c.
                                                             One Linc<>ln Centre
r                                                            5400 LBl Freeway, Suite 525
                                                             Dallas, TX 75240-1012
                                                             Telephone: (972) 661-2622
                                                             Facsimile: (972) 991-8910
                                                             ATTORNEYS FOR RESPONDENT
                                                             JENNIFER CARY
j



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                                                     CERTmCA n: OF SERVlCE


I                      The undersigned counsel bereby certifies that a true copy of this instrument was served on
              each attorney of record or party in accordance with the Texas Rules of Civil Procedure on March J.




                                                          /l~"in!
r-
I             2009.


JIlt




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J




J



              MOTION TO RECUSE




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           MAR-03-2009      11:56              COLLINS BASINGER PULLMAN                         972 991 8910        P.OO?



.   .,..
                                                             VERIFICATtON


                STATE OF TEXAS                     §
                                                   §
                COUNTY OF DALLAS                   §



                         Before me, the undersigned notary, on this day personally appeared Kyle G. Basinger, a

                person whose identity is known to me. After I administered an oath to affiant, affiant testified as



,..
                follows:

                         "My name is Kyle G. Basinger. I am capable of making this verification. I read the above

                MOlion     10   Recuse and the facts stated in it arc within my personal knowledge and are   tru~   and
j
                correct."

T

.,.
'T
                         SIGNED       OD   this 3rd day ofMarcb 2009, before me, the undersigned Notary Public. in and

                for the State of Texas.


j

                                                                          Notary Public
j


j


j


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    I           MOTION TO JU;cust
            MAR-03-2009      11:56          COLLINS BASINGER PULLMAN                              972 991 8910      P.008
        i

        r                                                        AFFIDAVIT


        t        STATE OF TEXAS                    §


     ,.
                                                   §
                 COUNTY OF DALLAS                  §

                          Before IDe, the undersigned notary, on this daypcrsonally appeared JENNIFER CARY, the

    ,..          Affiant, a person whose identity is known to me. After I administered an oath to a.ffiant, affiant
                 testified as follows:
    I                     "My name is JENNIFER CARY. I am over 18 years of age. of sound mind, and capable of
    'r           making this Affidavit. The facts as stated herein are within my personal knowledge and are true and

 j               correct."

                          "I have reviewed the Motion    (0   Recuse and 1 adopt all statements made in the motion as my

 T               own."

                          "While I have no reason to question Judge Wooten's impartiality in this proceeding, 1 do
 j
                 have a strong reason to believe, based not only on the history of thl! case beinS highly litigated but
j                based upon the disclosures made in open court on March 2, 2009, that any decision made by Judge

                 Wooten would be subject to eorronent, speculation and/or more litigious action - including appc1!ate
j
                 review."

j                         "I believe, in the interest of all parties and counsel involved, to avoid any appearanC:1! of




                                                                                 ",
                 imp'OP'~ty    by Judge Wooko, that Judge Wooten should voluntarily lttuse herself:"
T
                          FURTHER AFFIANT SA YETH NOT.
                                                                                   \
j                                                                                   \


r                         SIGNED 011 tbis
                 for the State of Texas.
                                            )rd   day of Marcb 2009, before me,



T                                                                          Nob


T
.,.              MOTION TO RJ;CUS£

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j
    ,.   MAR-03-2009      11:55                 COLLINS BASINGER PULLMAN                           972 991 8910              P.OOI




                                                       COLLIN COUNTY
                                                   FAX FlUNG COVER-SHEET

              DATE;           Much 3, 2009                                   # PAGES:--'S><--_ _ (lncludr.        cOVet   Jhc:cr)


              TO:       Hannah Kunkle, District Clerk                      FROM:       Christi Wil5on-f~.!' PauJegOll
                        COllIN COUNTY COURTHOUSE                                       COLLINS BASING'I!lr-
                                                                                       PULLMAN, P.C.~1
                        P.O. Box 578                                                  S400 LB) frcc>W2Y. Suite 525          ..C ,
'.,.                    McKinney,1X 75069
                        PHONE: 1-972-548-4312
                                                                                      Dalla.s, TX 75240
                                                                                       PHONE: 972-661-2622
                                                                                                                              . .t,]
                                                                                                                                 ,~


                        PAX:  1-972-548-4697                                           FAX:  972-991-8910
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              STYLE:          ITIO                          alld                    Millor Children

              aa Subscribtl       or     [) Non Subscriber ($5 pet CSJC fu. fcc added to court cons.)
                                                                                                                                       -.........,.,.....

              o New Suit       or      !iii   Cause No. 380-54606-{t3               Chent M2ttc.r # (ours): CAR Y )-C31 0

              NAME OF THE DOCUMENT BEING FILED:


,.                                     TENNJFER CA.RY'S MOTION TO RECUSE
                                                      **1 I 1'1 I I III II 1**+****

              o     Issue _ _ _ _ _ _ ciutioo(s) Uld deliver to: _ _ _ _ _ _ _ _ _ _ _ _ __
j
              o Explicit inlltrUCOOn.' tt:aD.Smined on sepl1r.lte sheet.
              III   Other: • PT...EASERETURN FlL&MARX.ED PAGE \'l1A FAX 972-991=8910
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              IF TRANSMISSION IS INCOMPLETE OR INSTRUCTIONS NOT CLEAR, PLEASE
              CALL
j                                             CHRISTI WILSON-FAGER            lit   972-661-2622



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                                                                          -
                                                                          .
STATE OF TF.XAS           I
COUNTY OF COLLIN I
I. Hlllna/! Kunkllt.IMnct C1a\ in IIId fofCoIlin Coaly T - . do
~. t~'~ Ihallheaho\~ rorq!oinr is IInIC IIId nwm:I~' oI"lhc
orif,nal docum.:lll Ol$IM .:nne awnn on the file in the llIS1Titl Coun.
Co!l'jI, CI)II~. TMfmw,ts     ~y __        tal of UId CGUn. this
                                                                          •
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1bC~ da)" al - - ; fr:;:l A D
                        HANN      K     K
                        COLLI    C                                             I
                                                                               I




                                                                          •




                                                                          ..
.,.                                                                No. 380-54606-2003


        IN THE INTEREST OF                                                                     §                                      IN THE DISTRICT COURT
i'                                                                                             §


,.
                                                                                               §
        AND                                                                                    §                                      380TH JUDICIAL DISTRICT
                                                                                               §


,.
                                                                                               §
        MINOR CHILDREN                                                                         §                                     COLLIN COUNTY, TEXAS



j

                                    ORDER OF REFERRAL ON MOTION TO RECUSE
j


j               On this day, after a Motion to Recuse having been presented to me in the above styled and numbered
        cause, I respectfully recuse myself and request that the Presiding Judge of the First Administrative Region
        assign a Judge to hear the above case,



,.
j
               All pursuant to the provisions of Rule 18a T.R.C.P.


               SIGNED THIS 4TH DAY OF MARCH, 2009.

j


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                                                                          ..

                                                                          -
STATE Of TEXAS )
COUNTY OfTOLLlN)
I. Hannah Kunklt. 1>1 ..ri(l Clerk in II1d ror Collin Coon'" Tna. do
bcrcb~ t~l~ Ihallh~ aoo.c rorq:mn,·is • rruc and rocTCct (~. orlhc
orill,"al d.xum.:nl 3$lht SlmC apptan on lhe lilt In 111< o.snia Court,
~~~~trY                                     scaloh..dCourt.      's

                       HAN ~I!"
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                                                                          .
                                                                          ..
                                                                413012009 10:32 AM SCANNED


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                                                                  N0.380-54606-03
T

,.
                   IN THE INTEREST OF                                          §    IN THE DISTRICT COURT
                                                                               §
                                                            AND                §    380m JUDICIAL DISTRICT


..  •
                   CHILDREN
                                                                               §
                                                                               §    COLLIN COUNTY, TEXAS



                                      MUTUAL TEMPORARY RESTRAINING ORDER
T                                AND ORDER SE1TING HEARING FOR TEMPORARY ORDERS


i                          The application of Petitioner, Dave Cary, for temporary restraining orders was presented to

                   the Court today. The children the subject ofthis suit are                                     and
T
                        . Respondent is Jennifer Cary.

T                          The Court examined the pleadings of Petitioner and finds that the parties have agreed to the

                   mutual temporary restraining order set forth below.

j                          IT IS THEREFORE ORDERED that a temporary restraining order restraining the parties is

                   immediately effective, and the parties are immediately restrained from:
j
                           Disturbing the peace of the children or of another party.

                           Withdrawing the children from enrollment in the school or day-care facility where the
~
I
                   children are presently enrolled.

                           Hiding or secreting the children from the other party .
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                           Making disparaging remarks regarding other party or the other party's family in the presence

r                  or within the hearing of the children.



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                           Removing the children from the jurisdiction of this Court with the intent of changing their

J                  residence and/or depriving this Court ofjurisdiction.{,4.I'\.f-i        t   ~~~      0\0\   J'1A.14.J- ~ U' I   ~«I1
                                                                                                                                          '" '" +~ I
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                           This restraining order is effective immediately and shall continue in J~~~~~t ~
                     J ~ " e ., -t\                                                              ",S~~.................O(/'"
                   ~l'ther ~rder of this CoW"t or t1ntil it elf~ir@s by gperatigR gfla"". Thi~rd~a1rbe '~:ndlrt~be
        71of!,,''Y IN. f#..i"             ;(}A~tI:07::'[)                      yi,1..:J:s ~ ~ ......     't*{         ~. r~'l*~
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                                f1?ci.U                      QA.'1-e.7J.'f./

                   Temporary Restraining Order and Orde Setting Hearing for Temporary Orders     1-9-09~O \.           ,/ I:..       1/ 0§
                  ?f'( Ct ,J((1'~ ,.,'''1 TU"'.Jt~'~'                                    ~./ {j,?~'.'£.~J'_. -~.: . ..';',)/
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                                                                               JohnL.McCr W,.L.. ---i~..!J ,In \,\\,\'~'"
                                                                                                               J. .r~';I\\"
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                                                                                   SENIOR JUDGE"''''
                                                                                   SltUngbyAasigDment            1/, 7(}/# .
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    i
             parties, their agents, servants, and employees; and on those persons in active concert or participation

,.           with them who receive actual notice of this order by personal service or otherwise. The requirement

             of a bond is waived.
                                                                            ~"lc../ i ~
j                   IT IS FURTHER ORDERED that this case is set for~on the Request for Temporary
                                       ~..I Cl~+C<.i()",,-fe.o-t ~~ f:yt r.o. '" '1 a'.c..
             Orders filed by Petitioner4-before this Court in the courthouse at       B
                                                                                      WU3 ,~, Texas, on
                                                                                     0('9(1   ft.",   (1,~
i            .;.,.:.....,:~~....L...-+"=Oc...::O~_ _ _ at /e):a.J   It. M.   The purpose of the hearing is to detem1ine

             whether, while this case is pending: ~ ~t lie.~ u.(;- ~ il"\. elL-Lf,. ~ 'J "r\.JJti oJt ,
i             i ~ c.lAA.J I? ~ t"'- j . . A(..fi(J,( r~    t.U.t
                                                            ~ ~ k f~~
                         e preceding temporary restraining order should be made a temporary injunction pe . g


    j
                                               ordered to pay child support while this cas . pending.

j                                                                                          beyond a geographical area

             identified by the Court, acting directly or in

i                                                                                              children to determine if

             Respondent is attempting to alienate them                             ir father, and, if necessary, ordering
r            therapy for the children.

                     The Court should m
r
r                                THER ORDERED that any authorized person eighteen years of age

                       arty to or interested in the outcome of this suit may serve any citation, notice, or pr



             SIGNED on        -1m I         ;It        ;:r aD 7                at //.' j'/            --L.   M.

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     ..

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           Approved as to fonn and content:




           Patricia D. Keane - Attorney for David F. Cary


,
~




j
          "*yle "asliiger   - Attorney for Jennifer Cary

;

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j


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j         Temporary Restraining Order and Order Setting Hearing for Temporary Orders I -9-09 ~
                      ..


                      ...
                      ..



                      ..
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STATE OF TF.XAS   I
COUNTY Ofl"OLl.lN I




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I




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                                                         .fOHN L M.CRA l1~.fR.
                                                               jus/icc Rcfli"C.'d


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                                                           J.II:; HrllT()llJ} A ('(,lIlle
,                                                          McKJi1l1C)' 1X 7,'j()(j;r}

                                                                May 20,2009

               Ms. Julia F. Pendery                                          Mr. e. Luke Gunnstaks
               3030 LBJ Freeway, Suite 700                                   5601 Granite Parkway, Suite 350
               Dallas TX 75234                                               Plano TX 75024
i              Fax: 214-243-8999                                             Fax: 214-6 I 9-0636

               Mr. Byron Kevin Henry                                         Mr. Rick Robertson
j              90 I Main Street, Suite 4000                                  5700 W. Plano Parkway, Suite 2200
               Dallas TX 75202                                               Plano TX 75093
               Fax: 214-672-2356                                             Fax: 972-769-0313
i
               Sent Via First Class Mail and Fax

r              Re: Cause No. 380-54606-2003
                     In the Interest of                       and
                     Minor Children
r..
    I              Cause No. 05-07 -0 1289-CV
                     In the Lnterest of C.H.e. and S.M.C., Clllldren
                     Order Allowing Successor to Reconsider the Original Party's Decision
r              Dear Counselors:


r              In compliance with the order in Cause No. 05-07-01 289-CV as issued by the Court of Appeals
               Fifth Judicial District of Texas at Dallas, Texas, and predicated upon the stipulation as filed and


-
               approved in this court on April 22,2009, the Court states as follows.

I              J1le follQ~ing documents were reviewed:
        ----
                       A.     Appeals Court's Order
                       B.     Stipulation filed in Trial Court
j                      e.     Transcript of Hearing on Motion to Modify and Motion for Sanctions on April 23,
                              2007
                       D.     Transcript of Hearing on Motion to Reconsider on June 6, 2007
r                      E.     Briefs as filed with the Appeals Court
                       F.     Pleadings as filed with the Trial Court


                                                     'i
                       G.     Various reported opinions of Texas Courts of Appeals
r
                                                     t
               Since mandamus will not issue aga               judge for what a former one did. In Re: Baylor
               Medical Center at GarlG,        lll8
                                                T              762; 51 Tex. Sup. J. 1334 (Tex. 2007) Also,
r              because Rule 7.2 requi~        iJoJrginr eeding, abatemen~ of the proceeding !~\\alJ~'~'11
               successor judge to reconsider tJu:,orw.~~tionally, the 5 Appellate CoUl,;.t.~ft...~~~,he
               trial judge below to rec6Bm'4helYr1ier-on-Motion-for-Sanctionsand "to~e"suc roel'~A
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    ~
               upon reconsideration as sh1-~ JWQ-~!J.                                      f~         /       \;~
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I               '-"he Appeals Court has jurisdiction and has through its order conferred jurisdiction upon this trial
                  court for the sole purpose of reconsidering the subject orders. This court will rule as a matter of

-
I
                  law that this court has, by appellate order, obtained de novo jurisdiction to reconsider the
                  previous rulings for the subject motions only.

                 Upon reconsideration, this trial court will order that the Order on Motion for Sanctions signed
i                June 25,2007 and Order Appointing Receiver signed August 13,2007, be vacated and set aside


,.
                 and, only upon request, will conduct a hearing to reconsider de novo these motions. Ms. Pendery
                 is requested to prepare a proper order to comply with this ruling.




-   J




                 Cc:       onorable Joseph B. Morris
                         Justice, Court of Appeals

    r                    Fifth District of Texas at Dallas
                         Second Floor, 600 Commerce Street
                         Dallas Texas 75202
    ....
     I
                         In Re: 05-07-0 1289-CV
                         In the Interest ofC.H.C. and S.M.C., Children
                         Order Allowing Successor to Reconsider the Original Party's Decision

    j               V"""" Hannah Kunkle, District Clerk
                           Collin County, Texas
                           2100 Bloomdale Road
    j                      Suite 10353



    -
                           McKinney Texas 75071
                           Cause No. 380-54606-2003
        I
                           In the Interest of                                         and
                       . - Minor Children


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                                                 NO. 380-54606-2003
~
I

         IN THE INTEREST OF                               §    IN THE DISTRICT COURT
                                                          §

                                                          §    380 TH JUDICIAL DISTRICT
                                                          §
         CIDLDREN                                         §    COLLIN COUNTY, TEXAS

j
             ORDER VACATING AND SETTING ASIDE THE ORDER ON MOTION FOR
             SANCTIONS SIGNED JUNE 25,2007 AND ORDER APPOINTING RECEIVER
                                SIGNED AUGUST 13, 2007


                           nd
               On the 22        day of April, 2009, the Court held a hearing to consider Movant C. "Luke"


-   J
        Gunnstaks' Motion for Reconsideration on "Order on Motion for Sanctions" and "Order

        Appointing Receiver" in the above-numbered and styled cause.

i              The Court finds that the Fifth District Court of Appeals abated its Cause Number

        05-07-0 1289-CV "to allow the trial judge below to reconsider as soon as practicable the Order on
i
        Motion for Sanctions signed June 25, 2007 and Order Appointing Receiver signed August 13,
r       2007, in trial court cause no. 380-54606-03 and to make such orders upon reconsideration as she

•I      may decide," pursuant to Rule 7 .2(b) of the Texas Rules of Appellate Procedure. The Court finds

        that the sitting Judge of the 380 th District Court, the Honorable Suzanne Wooten, recused herself
T
..  I
        in the matter, and the Honorable John L. McCraw, Jr., Justice Retired, was appointed to




-
        reconsider Mr. Gunnstaks' motion. The Court further finds that the order of the Court of Appeals

        conferred jurisdiction on this trial court for the sole purpose of reconsidering, de novo, the
    J




-   I
        previous rulings on the subject motions for sanctions and appointment of a receiver.

               After hearing the arguments of Mr. GUIUlstaks, and counsel for both Petitionc::r and .

j       ORDER VACATING AND SElTING ASIDE THE ORDER ON MOTION FOR SANCTioNS SIGNED


    -
        JUNE 25,2007 AND ORDER APPOINTING RECEIVER SIGNED AUGUST 13, 2007- PAGE~?Fi

    1


    -
     R~§ffmd~mJ ilnd after reviewing the motion', Court of A I ' Order: the parries' Stipulation
                                                           ppea      S

    .fiJed ill the trial court on April 22, 2009; the Transcript of the Hearing on Motion to Modify       and


    Motion for Sanctions held on April 23, 2007; the Transcript of the Hearing on Motion to

    Reconsider held on June 6, 2007; the parties' briefs filed with the Appeals Court; the parties'

    pleadings filed with the trial court; and various reported opinions of Texas Courts of Appeals,

    this trial finds that Mr. Gunnstaks' Motion for Reconsideration on "Order on Motion for

    Sanctions" and "Order Appointing Receiver" should be GRANTED.

           It is, therefore, ORDERED that Movant's Motion for Reconsideration of the "Order on

    Motion for Sanctions" and "Order Appointing Reciever" is GRANTED, and the Order on

    Motion for Sanctions signed June 25, 2007 and Order Appointing Reciever signed August 13,

    2007 are both hereby V ACA TED AND SET ASIDE.

           It is further directed that The Honorable Hanna Kunkle, District Clerk, Collin County.

    Texas have prepared a supplemental clerk's records containing this order and forward same to

    Lisa Matz, Clerk, Court of Appeals, Fifth District of Texas at Dallas to be filed in Cause No.

    05-07-01289 CV., In the Interest of C.H.e. and S.M.C., Minor Children.

•          SIGNED AND ENTERED on this /'>::day             o~~                     ,2009




                                                                John L. McCraw, Jr.
•
I                                                                   SENIOR JUDGE                ,,\\\··"~;>r;."
                                                                   Sitting by Assignment    ./·:C;\. :<,";',,:',
                                                                                           ,~~o.~>. ,. ~~ .   _
i   ORDER VACATING AND SETTING ASIDE THE ORDER ON MOTION FOR SANC1J9fiS SI~NED
    JUNE 25 , 2007 AND ORDER APPOINTING RECENER SIGNED AUGUST 13, 2007- PAGE~,ai' 2 ..--'
                                                                             :; -~ .. .;~' - ' -


r
i

.,.
 ,                                                  No. 380-54606-03


,..      IN THE INTEREST OF                               §
                                                          §
                                                                  IN THE DISTRICT COURT

                                             AND          §       380 TH JUDICIAL DISTRICT
                                                          §
                                                          §
         CHILDREN                                         §       COLLIN COUNTY, TEXAS

                                               TEMPORARY ORDERS

                On July 23, 2009, the Court heard the Motion for Temporary Orders filed by Petitioner,
T
         David Cary.
T               Petitioner, David Cary, appeared in person and through attorney of record, Brian L. Webb


T       and announced ready.

                Respondent, Jennifer Cary, appeared in person and through attorney of record, Alma
    j
        Benevides, and announced ready.

                After hearing evidence and argument of counsel, this Court finds as follows:

                The Court finds that the following is in the best interest of the children the subject of this suit,
i
        and it is therefore ORDERED that                       be evaluated by a child psychiatrist to determine
r
I




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        the nature, extent and scope of the outcry made by                            IT   I~   ORDERED that the

        parties exchange a list of the names of three proposed child psychiatrists by July 29, 2009. If the


..
    I

        parties cannot agree on a child psychiatrist, then the parties are ORDERED to submit their list of
    I
        proposed psychiatrists to Judge John L. McCraw, Jr.               and Judge McCraw will make the

    r   deternlination.

    ~          The Court finds that the parties have agreed that Dr. Nancy Shosid shall perform this
    I                                                                                                      !" .:
                                                                                                                   .;,-"'   .

        evaluation of                  . The Court finds that this is not a forensic evaluation. .
~
    ,
    ,



r       TEMPORARY ORDERS - Page I




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.,.
,.
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                     IT IS FURTHER ORDERED that both parties shall cooperate fully with any and all requests


.,.         by Dr. Shosid regarding the frequency and number of appointments of                                with Dr.

            Shosid. IT IS FURTHER ORDERED that Dr. Shosid is authorized to conduct any interviews with

           any person or persons she deems necessary in conducting this evaluation, including but not limited


..
~


           to the parties, the other child the subject of this suit, or any step parents or step siblings of
    I


                .

i


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                    IT IS ORDERED that once Dr. Shosid's evaluation is completed, she shall make a written

           report directly to Judge McCraw which shall be kept under seal and released only to the Judge and
    I




,.         the parties' respective counsel of record.

                    IT IS FURTHER ORDERED that the Court's ruling regarding Petitioner's request for an

           update    of the custody evaluation            previously prepared     by   Dr.   Barry    Coakley,     and


,..        psychiatric/psychological evaluations of the parties is on hold until after Dr. Shosid has performed

           her evaluation of                   and has made a report to the Court.

                    IT IS FURTHER ORDERED that Jennifer Cary give David Cary 48 hours written notice of

,..        all doctors, dentists and counseling appointments of the parties' children so that he may attend these

       appointments ifhe so chooses. ~rd, ~~ ~\~') ~w... G.. ~)'1\-\.\- '-~ ~~
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                       (10C.\-ul \:::)\A~_~() \- ~ ctHt ~ <. CA. d. \ ,:>~.-p~ nc..-L
                IS FUR'rl-lElt ORDERl'!D that there will be no relocatIOn ofthe residence ofthe chi Idren

J         the subject of this suit while this matter is pending.

                    IT IS FURTHER ORDERED that the party in possession of the children will provide the
"'"
J
          other party with all of the children's medications and instructions for administering these
~
J         medications at the time the children are exchanged for the exercise of the parties' respective periods

til       of possession.
J
          \N. P~{t-\'e.~           Ctf'Q...   ~~ I~r ~ (\f.uAS,cL                            Vv

r         TEMPORARY ORDERS - Page 2           6. \:,~..-Db.~            "or 't'YeA.'ll...L ~ )\.\~

                                          ~St CJ\<J\~S. ~r
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                                                                                               A-

                                              ~   I   ~a \--h //\ "N....~
...
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    I




                     The Court finds that the following temporary mutual injunction should be entered while this

             case is pending.

                     The temporary injunction granted below shall be effective immediately and shall be binding

.,.     I
             on the parties; on their agents, servants, employees, and attorneys; and on those persons in active

             concert or participation with them who receive actual notice of this order by personal service or




-
             otherwise. The requirement of a bond is waived.




,.
        I           IT IS ORDERED that Petitioner and Respondent are enjoined from:

                    1.      Communicating with the other party in person, by telephone, or in writing in vulgar,


    .,      profane, obscene, or indecent language or in a coarse or offensive manner.

                    2.      Threatening the other party in person, by telephone, or in writing to take unlawful

            action against any person.

                    3.      Placing one or more telephone calls, anonymously, at any unreasonable hour, in an

            offensive and repetitious manner, or without a legitimate purpose of communication.

T
,.
                    4.      Causing bodily injury to the other party or to a child of either party.

                    5.      Threcttening the other party or a child of either party with imminent bodily injury.

                   These Temporary Orders shall continue in force until the signing of the Final Order in this
T
            matter or until further order of this Court.

    T              SIGNED on
                                   I
                                       ;/- /   "5-     ,2009.


    j

    ..
                                                                           John L. McCraw, Jr.
                                                                              SENIOR JUDGE
                                                                              Sitting by Assignment
    J                                                      JUDGE PRESIDING




    ..
    J
            TEMPORARY ORDERS - Page 3




    j
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         APPROVED AS TO FORM:




."




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         Kyie Basinger
         Attorney for Jennifer Cary




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        TEMPORARY ORDERS - Page 4     ..
                                      .'




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                                                      121812009 12:27 PM SCANNED
~       12/84/2889    15:85        2148719339                         Io.£BB FAMILY LAW FIRM
 I                                                                                                                 PAGE   82/85




.,.                                                      No. 380-54606-03

.,.
                         ,
              IN THiINfEREST OF                                §      IN THE DISTRlCf COURT
                                                               §
                                                               §      380 m .JUDICIAL DISTRICT

.,.
                             ANAHELENCARYAND
                                                               §
                                                               §


,.
              CmLDREN                                          §      COLLIN COUNTY. TEXAS

                                                    TEMPORARY ORDERS

                        On November 13, 2009, the Court heard the Motion To Sign Temporary Orders filed by

               Petitioner, David Cary and Motion For Protective Order, Motion To Modify Temporary Orders,

                        ror Interim Attorney's Fees and Motion For Reconsideration filed by Respondent., lcrmifer
-
               Motion
    I
              Cary.

                        petitioner, David Cary, appeared in person and through attorney of record. Bri8I1 L. Webb

               and anriounced ready.

                        Respondent, Jennifer Cary. appeared in person and through attorneys of record, David C.

              Cowden and William 1. Roberts, and announced ready.

                        ~fter   hearing evidence and argument ofcDunsel, this Court finds as follows:

                        The Court finds that the following is in the best interest of the children the subject of this

               suit, and it is therefore ORDERED that the Temporary Orders heard on July 23, 2009 shall

T             entered with the Court.


,.                      IT IS ORDERED that the Motion For Protective Order is denied and that both parents shall

               have access to any and all medical records and or documents pertaining to the minor children, th

               subject of this suit



,.
j
                        fT IS ORDERED that the Motion To Modify TempOTary Orders tiled by Respondent

               Jennifer Cary is denied.

               TEMP<?RARY ORDERS· Page I

j

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             12/64/2669   15:65       214871'3339                            WEBB FAMIL V LAW FIRM                        PAGE   63/65




.,.                         IT IS ORDERED that the Motion For Interim Attorney's Fees filed by Respondent, Jennifer

                    Cary is denied and that this issue is reserved for final determination at a later time.

                            IT IS ORDERED that the Motion For Reconsideration file by Respondent, Jennifer Cary is

                    denied and IT IS FURlHER ORDERED that Jennifer Cary give David Cary 48 hours written noti~
i
                    ofall doctors, dentists and counseling appointments of the parties' children so that he may attend

T                   these appointments ifhe so chooses as previously ordered on July 23. 2009.

                            Social Study

                            IT IS ORDERED that Christy Bradshaw prepare a social study into the circumstances and

                    condition of tile children and ofthc home of any person requcsting conservatorship of, possession

                                                                                                                   j/9 IS; ?r110
j
                    0(, or a~ess to the children. The study shall be filed with the Court on or before        5J
j                           Evaluation

                            IT IS ORDERED that John Beatty is appointed to interview, examine, evaluate, and consult
j
                    with thl! children and the parties, the subject of this suit to prepare:   Ii   custody evaluation of the
                                                                                                                   ,.--
                    children and the parties, the subject of this suit to be filed with the Court on or before ...),<.v~~ /57 .;?U/LJ

                            CQunseling

r                           ITIS ORDERED that Alexandra Doyle is appointed as counselor for the children, the subject

                    of this !>Uit IT IS FURTIIER ORDERED that both parties shall cooperate fully with any and all
j                   requests by Alexandra Doyle regarding the frequency and number ofappointments of

                                                      with Alexandra Doyle. The report shall be filed with the Court on
>
J
                    or before     "3"N~'1./S-; 71)10.

r                           IT IS fURTHER ORDERED that there will be no relocation of the school. of the children

                    the subject of this suit while this matter is pending.

r
                    TEMPORARY ORDERS· Pllge Z

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        I
              12/04/2009   15:05           2148719339                                                     WEBB FAMILY LAW FIRM                                        PAGE   04/05


        ,.
        I




                            IT IS FURTHER ORDERED that the minor children shall use the name on the birth

                    certificates for each minor child. the subject of this suit.

                            The Court finds that the following temporary mutual injunction should be entcred while this

                    case is pending,

                            The temporary injunction granted below shall be effective immediately and shall be binding
        T            on the parties; on their agents, servants. employees, and attorneys; and on those persons in active

                     toncert or participation with them who receive actual notice of this order by personal service or



    .,.
                    otherwise. The requirement of a bond is waived,

                             1:1' IS ORDERED that Petitioner and Respondent arc enjoined from:


    ,.
                             ,
                             ,
    ,
                             1.        Communicating with the other party in person, by telephone, or in writing in vulgar.

                     profane,' obscene, or indecent language or in a coarse or offensive manner.

                             2.        Threatening the other party in JXrson, by telephone, or in writing to take unlawful

                     action against any person.

j                           3.         Placing one or more telephone calls, anonymously. at any unreasonable hour. in an

                     offensive and repetitious manner, or without a legitimate purpose of communication.

i                            4.        Causing bodily injury to the other party or to a child of either party.

                             5.        Threatening the other party or a child of either party with imminent bo<Iily injury.
j
                             These Temporary Orders shall continue in force until the signing of the Final Order in this
                                                                .
                                                                "    -: ",   '   -
                                                                                                                     '.           ~"':!! 1'-1 :0,.,
                                                                                                                                   ., If:: ..        ~":',        J
                     matter or until further order ofthisCciuit. ,.'                   !,.!      ~, ...   ','   ~""',     .

                                                                             !~ ,.:> ":::
                                                                                                                              t     ",'                      '.


                                                            •                               i'   : '".:;.'        .,:.,:~,.,.~' :~:~;":'-, ~:;~:~~
                                                                                                                                                ••

                             S1GNED on-+-':"':"'O'-=-......-~=---......"':!!t.:. ~ .n~.· "',,-.j' ,or ''''.'' • ~~"'.'
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                     TEMPORARY ORDEM - Page 3




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                                                     7r7f2010 1:46 PM SCANNED




.-
i                                                         NO. 380-54606-03

              IN THE INTEREST OF                                   §      IN THE DISTRICT COURT
                                                                   §
                                                                   ~      380 TH JUDICIAL DISTRICT
                                                                   §
              CHILDREN                                             §      COLLIN COUNTY, TEXAS
r
                                       ORDER ON MOTION TO V ACA TE THE
                                       MEDIATED SETTLEMENT AGREEMENT
r                 On May 28, 2010 the Court considered JENNIFER CARY's Motion to Vacate the Mediated

         Settlement Agreement and ORDERS that the motion is DENIED .
.,...
    J
                 The Court wi II adopt the Arbitration Ru ling along with the Mediated Settlement Agreement

         approved; adopted and rendered by the Court on February 9, 20 I O.
    i

    j

         ..
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                  .,
                                                                                                      -=-----_. ---
                        I
j                The terms and condition of payment of the $5,000.00 are as followed: IT IS ORDERED that
         DAVID CARY is granted ajudgement against JENNIFER CARY in the amount of$5,000.00, such

'j       judgement bearing interest at 5% per annum compounded annually, from the date the judgment is

         signed until       'd, for which let execution issue if it is not paid.

         SI GNED on     _--+-->r-~ ---,--7,-I---"~~..Io:::-
                               __




    r                                                      :!~3J")n'.!nif1.!!;J,.'   ,   ..... ;,'1
                                                                       . " ohhl~. McCraw, Jr.
                                                   '( r   j'Hrt--------SENIOR JUDGE
                                                                                                       .             t
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                                                                                                                           ,\\\1111111""'1
                                                                                         Sitting by Asslgnmen","\~\CT CO"'",
                                                                                                                ",S'<.. /"----........a.U
                                                                                                               ~.~....
                                                                                                                                           1\'-
                                                                                                                                        •••.rrj;~
                                                                                                           !     /i                          \\ \.
    'i   Order on Molion to Vacate Ihe Mediated Settlement Agreement                                  Solo ~                                  \*;
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                                   -                                              -
                                                 81512010 11 :28 AM   SCANNED




 -
                                                   NO. 380-54606-03

        'IN THE INTEREST OF                                   §       !IN THE DISTRICf COURT
 ..,.   I
                                                              §       ,
                                                                      I
        ;                                    AND
                                                              §       i380TH JUDICIAL DISTRICT
                                                               §      I
        j
                                                              §       I
        ~CHILDREN                                             §       ~OLLIN    COUNTY, TEXAS

                        ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP

                   On February 15,2010, February 16,2010, March 3,2010, March 12,2010, March 25.

        20 I0, April 26, 20 I0, May 3, 20 I0 and May 4lh, 2010 the Court heard this case.

        Appearances

                   Petitioner, DAVID CAR Y, appeared in person and through attorney of record, Brian L.

        Webb, and announced ready for trial.

                   Respondent, JENNIFER CARY, appeared in person and through attorney ofrecord,
.,..
        William F. Neal, Esq., and Byron K. Henry, and announced ready for trial.

.,.     Jurisdiction

                   The Court, after examining the record and the evidence and argument of counsel, finds

        that it has jurisdiction of this case and of all the parties and that no other court has continuing,

,.      exclusive jurisdiction of this case. All persons entitled to citation were properly cited.

        Jury

                   A jury was waived, and all questions of fact and of law were submitted to the Court.

        Record



.,.
                   The record of testimony was duly reported by the court reporter for the 380th Judicial

            District Court.

        Partial Mediated Settlement Agreement

        ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
                                     -
    ..,.

    ..,.

                      This agreement was partially agreed by way of Mediated Settlement Agreement on

           February 8,2010. A true and correct copy of the Mediated Settlement Agreement is attached

    '.,.   hereto as Exhibit "Au and is incorporated herein as if set forth verbatim.

                   Further the Interpretation of February 8, 2010 Mediated Settlement Agreement was

           presented to the Court on March 12, 20 10. The Interpretation of February 8, 2010 Mediated
    .,.    Settlement Agreement is attached hereto as Exhibit "B" and is incorporated herein as if set forth


    .,.    verbatim.

           Children

                  The Court finds that the following children are the subject of this suit:

           Name:
           Sex: Female
           Birth date:

    ,.     Home state: Texas
           Social Security number:        x



           Narne:
           Sex: Female
           Birth date:
           Home state: Texas
           Social Security number:

           Findings

                  The Court finds that the present order, Final Order of Modification dated December I,

           2006, is not in the children's best interest.

           Parenting Plan

                   The Court finds that the provisions in these orders relating to the rights and duties of the




-
I
                               -                                            -
-
-     optimizing the development of a close and continuing relationship between each party and the

      children constitute the parenting plan established by the Court.

-     Conservatorship


..           The Court finds that the following orders are in the best interest of the children .

             The parties have agreed and IT IS SO ORDERED that DAVID CARY and JENNIFER

      CARY are joint managing conservators of the children. IT IS ORDERED that DAVID CARY is

      appointed conservator with the exclusive right to designate the primary residence of the children

      effective August 16,201010:00 a.m., which is one week before the beginning of the 2010 fall

      school term which begins on August 23, 2010.

             IT IS FURTHER ORDERED that this ruling will not affect the agreed and approved

      20 I0 summer visitation schedule.

             IT IS ORDERED that, at all times, DAVID CARY, as a parent joint managing

      conservator, shall have the following rights:

             I.     the right to receive information from any other conservator of the children
      concerning the health, education, and welfare of the children;

              2.    the right to confer with the other parent to the extent possible before making a
      decision concerning the health, education, and welfare of the children;

              3.      the right of access to medical, dental, psychological, and educational records of
      the children;

             4.       the right to consult with a physician, dentist, or psychologist of the children;


,..          5.      the right to consult with school officials concerning the children's welfare and
      educational status; including school activities;



-
 .,.
                                 .-                                           -
             8.     the right to consent to medical, dental, and surgical treatment during an
       emergency involving an immediate danger to the health and safety of the children; and
 ,.            9.     the right to manage the estates of the children to the extent the estates have been
       created by the parent or the parent's family.

               IT IS ORDERED that, at all times, JENNIFER CARY, as a parent joint managing

 ,.    conservator, shall have the following rights:

              1.     the right to receive information from any other conservator of the children
       concerning the health, education, and welfare of the children;

               2.    the right to confer with the other parent to the extent possible before making a
       decision concerning the health, education, and welfare of the children;

                3.      the right of access to medical, dental, psychological, and educational records of
 .,.   the chi ldren;



,.
               4.       the right to consult with a physician, dentist, or psychologist of the children;

              5.      the right to consult with school officials concerning the children's welfare and
       educational status, including school activities;

,.            6.     the right to attend school activities;
               7.    the right to be designated on the children's records as a person to be notified in
       case of an emergency;
T"
             8.     the right to consent to medical, dental, and surgical treatment during an

 ,..
       emergency involving an immediate danger to the health and safety of the children; and

               9.     the right to manage the estates of the children to the extent the estates have been
       created by the parent or the parent's family.

               IT IS ORDERED that, at all times, DAVID CARY and JENNIFER CARY, as parent

       joint managing conservators, shall each have the following duties:
r
               I.      the duty to inform the other conservator of the children in a timely manner of
       significant information concerning the health, education, and welfare ofth~,,~~t~b~>,
                                                                                   "0A\.~·············· '.. ",
               2.      the duty to inform the other conservator of the children i~"E~'~s~a~~r~i~;1~tes
       with for at least thirty days, marries, or intends to-marry a person who~~r,\'*tor:~W~"ls
r                                                                                 ~     ~        ,:--.:. ~.~..{                } l
       ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                           \~\. ,yj>A'G~ ~.~?33
                                                                                      ~':.,~  . .<...              ....>.:<;/
r                                                                                       ". 't.{1. .................;......1"
                                                                                            "'~J",,;V C:'lj\'; :\\'~.:.,\
                                                                                                   i"I"'ll:.:,1. 1 -'
                                                                                                                          "




,..
..,.
                               -
       registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently
       charged with an offense for which on conviction the person would be required to register under
       that chapter. IT IS ORDERED that this infonnation shaH be tendered in the fonn of a notice
       made as soon as practicable, but not later than the fortieth day after the date the conservator of
       the children begins to reside with the person or on the tenth day after the date the marriage
       occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense
       that is the basis of the person's requirement to register as a sex offender or of the offense with
       which the person is charged. WARNfNG: A CONSERVATOR COMMITS AN OFFENSE
       PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO
.,.    PROVIDE THIS NOTICE .

               IT IS ORDERED that, during his periods of possession, DAVID CARY, as parent joint
.,.    managing conservator, shall have the following rights and duties:

.,.            I.     the duty of care, control, protection, and reasonable discipline of the children;

               2.      the duty to support the children, including providing the children with clothing,
       food, shelter, and medical and dental care not involving an invasive procedure;

              3.      the right to consent for the children to medical and dental care not involving an
       invasive procedure; and

              4.      the right to direct the moral and religious training of the children.

..,.           IT IS ORDERED that, during her periods of possession, JENNIFER CARY, as parent·

       joint managing conservator, shall have the following rights and duties:

               I.     the duty of care, control. protection, and reasonable discipline of the children;

               2.      the duty to support the children, including providing the children with clothing,
       food, shelter, and medical and dental care not involving an invasive procedure;

              3.      the right to consent for the children to medical and dental care not involving an
       invasive procedure; and

               4.     the right to direct the moral and religious training of the children.



,.
    .,.
                                     -.                                            -'
           Dallas County and contiguous counties effective August 16, 20 I0, which is one week before the
           beginning of the 2010 fall school tenn which begins on August 23, 2010;

    .,..          2.      the right, subject to the agreement of the other parent conservator, to consent to
           medical, dental, and surgical treatment involving invasive procedures;

                  3.      the right, subject to the agreement of the other parent conservator, to consent to
           psychiatric and psychological treatment of the children;

    ,.             4.     the exclusive right to receive and give receipt for periodic payments for the
           support of the children and to hold or disburse these funds for the benefit of the children
           effective August 16,2010;

                   5.     the independent right to represent the children in legal action and to make other

,..
           decisions of substantial legal significance concerning the children;

                   6.     the independent right to consent to marriage and to enlistment in the anned forces
           of the United States;

                   7.      the independent right to make decisions concerning the children's education;

,.                8.      except as provided by section 264.0111 of the Texas Family Code, the
           independent right to the services and earnings of the children;

.,.                9.      except when a guardian of the children's estates or a guardian or attorney ad Iitem
           has been appointed for the children, the independent right to act as an agent of the children in
           relation to the children's estates if the children's action is required by a state, the United States, or
           a foreign government; and

                   IT IS ORDERED that JENNIFER CARY, as a parent joint managing conservator. shall

           have the following rights and duty:

                  1.      the right, subject to the agreement of the other parent conservator, to consent to
           medical, dental, and surgical treatment involving invasive procedures;

                  2.      the right, subject to the agreement of the other parent conservator, to consent to
           psychiatric and psychological treatment of the children;


,.
j

                  3.      the independent right to represent the children in legal action and to make other
           decisions of substantial legal signi ficance concerning the children;
                                                                                              ".,-;~'·0·:~~:~;~<:::~:~~J':.,.
                   4..   the independent right to consent to marriage and to enlistm~~!.l..the ,~~edi:~~~~s
           of the Umted States;                                                    g !'-... :' ;~\ .~
r                                                                                  ~~~;f ~~'. .
                                                                                   -   .
                                                                                                    . ,,,->" ~.~'~':~
                                                                                             . '- . . ....          .-

           ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                       ~,c.\: .~~G.~,~ 0f.~

                                                                                            .•. ~:),,; .;,S,,;,::,'~$~~/
                                    -                                             -
                  5.      the independent right to make decisions concerning the children's education;

                 6.      except as provided by section 264.0111 of the Texas Family Code, the
          independent right to the services and earnings of the children;

                  7.      except when a guardian of the children's estates or a guardian or attorney ad litem
          has been appointed for the children, the independent right to act as an agent of the children in
          relation to the children's estates if the children's action is required by a state, the United States, or
    ,..   a foreign government; and

                 The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is

          the public policy of Texas to assure that children will have frequent and continuing contact with


-   I
          parents who have shown the ability to act in the best interest of the child, to provide a safe,

          stable, and nonviolent environment for the child, and to encourage parents to share in the rights
.,.       and duties of raising their child after the parents have separated or dissolved their marriage. IT

          IS ORDERED that the primary residence of the children shall be Dallas County and contiguous

          counties, and the parties shall not remove the children from Dallas County and contiguous

.,.       counties for the purpose of changing the primary residence of the children until modified by


,.        further order of the court of continuing jurisdiction or by written agreement signed by the parties

          and filed with the court. IT IS FURTHER ORDERED that DAVID CARY shall have the

          exclusive right to designate the children's primary residence within Dallas County and

          contiguous counties effective August 16, 20 Io. Passport
"i                IT IS ORDERED that if a parent's consent is required for the issuance of a passport, that

          parent shall provide that consent in writing no later than ten days after receipt of the consent
"j
          documents, unless the parent has good cause for withholding that consent.

j                 IT IS ORDERED that DAVID CARY, Petitioner shall have the right}0":J~1\1'ifltf~:".
                                                                               ,\,~ \\.v
                                                                                                     ..............;~~..-.....~~(~;;~:-.
                                                                                                                 I    ,-/1   J    " ..

                                                                                            ~....~

          possession of any passports of the chiidren                                                                            <:>'::\
r                                                                                      ~-:-{.:   / '~,"~ -.:..~ . ~~~~7\-.:~·~
          ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                            ::               .... /'P~-G-E 7 OF                 tJ

                                                                                       \Z~:::i;t:~~:;:f;5f/
-
I
    l                                                                           -
                                  subject to the requirements for delivery of the passports and all other

          requirements set forth below .
    ...            DA VID CARY, Petitioner is ORDERED to deliver or cause to be delivered to

          JENNrFER CARY the original, valid passports of                                                and

                                  within ten days of their receipt of JENNrFER CARY's notice of intent to

          have the children travel outside the United States during a period of possession of JENNIFER

.,.       CARY .

                   IT IS ORDERED that if a conservator intends to have the children travel outside the
.,.       United States during the conservator's period of possession of the children, the conservator shall


.,.       provide written notice to the other conservator. IT IS ORDERED that this written notice shall

          include all the following:

                   I.     any written consent fonn for travel outside the United States that is required by


.,.       the country of destination, countries through which travel will occur, or the intended carriers;

                   2.     the date, time, and location of the children's departure from the United States;

.,.                3.     a reasonable description of means of transportation, including, if applicable, all



-   J
          names of carriers, flight numbers, and scheduled departure and arrival times;

                   4.     a reasonable description of each destination of the intended travel, including the

          name, address, and phone number of each interim destination and the final travel location;

                   S.     the dates the children are scheduled to arrive and depart at each such destination;

T                  6.     the date, time, and location of the children's return to the United States;

                   7.     a complete statement of each portion of the intended travel durin.~;Y:'~.i.~~ the
'j                                                                                       ",,'1~~;\~\C-:~ :~ .. ! .. <.:"
          conservator providing the written notice will not accompany the childre%~.>" .. /"'::~:)\
                                                                                     /-1; /-"'.-:-c ,.-.' "~ . '\
          ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                          ~   \        -,/ PAGE 8               m33
                                                                                     \~?i.y;~:~j,£':;Y
-
I
            -                             -                                           -
                       8.      the name, pennanent and mailing addresses, and work and home telephone

                numbers of each person accompanying the children on the intended travel other than the
    ,.. i


                conservator providing the written notice.

                Possession and Access

                I.     Possession Order
    .,..
                       The Court finds that the following provisions of this Possession Order are intended to be
                and are in the best interest of the children. IT IS ORDERED that DAVID CARY and
    .,.         JENNIFER CARY shall comply with all terms and conditions of this Possession Order. IT IS
                ORDERED that this Possession Order is effective August 16, 20 I0 and applies to all periods of
                possession occurring on and after August 16,2010. IT IS, THEREFORE, ORDERED:

                               (a)    Definitions


-   J
                                       I.     In this Possession Order "school" means the primary or secondary
                               school in which the child is enrolled or, if the child is not enrolled in a primary or
                               secondary school, the public school district in which the child primarily resides.

                                      2.      In this Possession Order "child" includes each child, whether one
                               or more, who is a subject of this suit while that child is under the age of eighteen
                               years and not otherwise emancipated.

                               (b)    Mutual Agreement or Specified Terms for Possession

-
I
                                       IT IS ORDERED that DAVID CARY and JENNIFER CARY shall have
                               possession of the children at times mutually agreed to in advance by the parties,
                               and, in the absence of mutual agreement, it is ORDERED that the conservators
,..                            shall have possession of the children under the specified terms set out in this
                               Possession Order.

                               (c)      Parents Who Reside 100 Miles or Less Apart

                                       Except as otherwise explicitly provided in this Possession Order, when
                               JENNIFER CARY resides 100 miles or less from the primary residence of the
                               children, JENNIFER CARY shall have the right to possession of the children as
                               follows:

r                              A. IT IS ORDERED that JENNIFER CARY shall have posse~~~~.pf~h~.
                                 'ld      t: II
                               Ch1 ren as 10 ows:
                                                                                  ,. . ~~,). '_.-: ~.~ ":"",
                                                                                §'c \ . .'.:...........'::. ". ,'"
                                                                                                     ..""""" ;' .. <: ..
                                                                                             ..'~~"..::>
                                                                                             ,
                                                                                                      .                  .
                                                                                              _~          r       ........   #.




                                                                                            t~,_ /~,~- ~
                ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                           ~ '"l         '~',FAGE 90FJ3 j

r
                                                                                              ~!':f';if,.~: •. ' .
                -
              Weekends:      Weekends that occur during the regular school term,
                             beginning on the first, third, fourth and fifth weekends of
                             each month beginning on each first, third, fourth, and fifth
                             Friday of each month at 6:00 p.m. and ending the following
                             Sunday at 6:00 p.m.

      B. IT IS ORDERED that DAVID CARY shall have possession of the children
      as follows:

              Week Days: Every week from 6:00 p.m. on Sunday until the foI/owing
                         Friday ending at 6:00 p.m.

             Wet!kends:     The second Weekend of each month, said weekend
                            beginning on each second Friday of each month at 6:00
                            p.m. and ending the following Sunday at 6:00 p.m.

      C.     JENNIFER CARY shall have the following holiday possessio                       th
             children:                                                                      ~J
                 . B k'                                     cdd
          . . Spring rea lD Odd Numbered Years - In 6Wft-num ered years,
                                                                              {fIr
,..   beglnnmg at 6:00 p.m. on the day the children are dismissed from school for the
      school's spring vacation and ending at 6:00 p.m. on the day before school
      resumes after that vacation.


             Extended Summer Possession by JENNIFER CARY:

,.            With Written Notice by April I - If JENNIFER CARY gives DAVID
      CARY written notice by April 1 of a year specifying an extended period or
      periods of summer possession for that year, JENNIFER CARY shall have

-
J
      possession ofthe child for thirty days beginning no earlier than the day after the
      child's school is dismissed for the summer vacation and ending no later than seven
      days before school resumes at the end of the summer vacation in that year, to be
      exercised in no more than two separate periods of at least seven consecutive days
      each, with each period of possession beginning and ending at 6:00 p.m on each
      applicable day, as specified in the written notice, provided that the period or
      periods of extended summer possession do not interfere with Father'S Day
      Weekend. These periods of possession shall begin and end at 6:00 p.m.

              Without Written Notice by April 1 - If JENNIFER CARY.,~A~~,I},?t give
i     DA VID CARY written notice by April 1 of a year specifyin~,aIl~~~.~_~~~,od
      or periods of summer possession for that year, JE~IFER 2~~"Y                  .shiV
                                                                                hav~.x~~.
      possession of the child for thirty consecutive days 10 that !~ar~lIlll~ng~.~.~lP?~~

      ORDER IN SUIT TO MODIFY PARENT CIIILD         RELATION~}""'" . ...~ ;PACE,IO p"~~~3
                                                                  :.. .-',"   .--  /:       ."   .,-   .."




                                                                  ·"~~~;j,~:?~~·,S~;:-;~?{:~·::·:~:··'

,.
                                                                 _.

       p.m. on July I and ending at 6:00 p.m. on July 31.

       D.      IT IS ORDERED that DAVID CARY shall have a superior ri"lilii~~~~7
               possession of the children as follows:
                                                                    EV~v)
              Spring Break in Even Numbered Years - In ~-numbered years,
       beginning at 6:00 p.m. on the day the children is dismissed from school for the
       school's spring vacation and ending at 6:00 p.m. on the day before school
       resumes after that vacation.

               Summer Weekend Possession by DAVID CARY - If DAVID CARY
       gives JENNIFER CARY written nolice by April 15 of a year, DA VID CARY
       shall have possession of the cruldren on anyone weekend beginning at 6:00 p.m.
       on Friday and ending at 6:00 p.m. on the following Sunday during anyone period
       of the extended summer possession by JENNIFER CARY in that year, provided
       that DAVID CARY picks up the children from JENNIFER CARY and returns the


.
I
       children to that same place.

              Extended Summer Possession by DAVID CARY - If DA VID CARY
       gives JENNIFER CARY written notice by April 15 of a year or gives JENNIFER
       CARY fourteen day's written notice on or after April 16 ofa year, DAVID
       CARY may designate one weekend beginning no earlier than the day after the
       children's school is dismissed for the summer vacation and ending no later than
       seven days before school resumes at the end of the summer vacation, during
,...   which an otherwise scheduled weekend period of possession by JENNIFER
       CARY shall not take place in that year, provided that the weekend so designated

..     does not interfere with Mother's Day Weekend .

       (d)     Parents Who Reside More Than 100 Miles Apart

-            Except as otherwise explicitly provided in this Possession Order, when
       JENNIFER CARY resides more than 100 miles from the residence of the child,
       JENNIFER CARY shall have the right to possession of the child as follows:
...
               I.       Weekends - Unless JENNIFER CARY elects the alternative period
       of weekend possession described in the next paragraph, JENNIFER CARY shall
       have the right to possession of the child on weekends that occur during the regular
•      school tenn, beginning at 6:00 p.m., on the first, third, fourth and fifth Friday of
       each month and ending at 6:00 p.m. on the following Sunday, and on weekends
       that do not occur during the regular school term, beginning at 6:00 p.m. on the
       first, third, fourth and fifth Friday of each month and ending ~,!,·~~9.9~f,-!fi:::,~.·:~.he
                . S d                                                   ,,~ \.        _....- l · · ,
       fioII owmg un ay.                                              .~",~ .......... " ......... :




       ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSWr.
                                                                        tJ~<{.
                                                                        - : : • • ,0. .   ".
                                                                                                     '·,P.A.GE 11 OF.~3
                                                                                                    '.   ,_....
                                                                                                                                 " .  .'




                                                                          \~~;~/.:.'~.:...CG: r <-,~'~.... ..
                                                                               ~"/:~:V
                                                                                           ---...
                                                                                                  ':',
                                                                                               'rt 1111, II!:   t: ~~'l:   \tl\"\'\
            Alternate Weekend Possession - In lieu of the weekend possession
    described in the foregoing paragraph, JENNIFER CARY shall have the right to
    possession of the child not more than one weekend per month of JENNIFER
    CARY's choice beginning at 6:00 p.m. on the day school recesses for the weekend
    and ending at 6:00 p.m. on the day before school resumes after the weekend.
    JENNIFER CARY may elect an option for this alternative period of weekend
    possession by giving written notice by email and certified mail return receipt to
    DA VID CARY within ninety days after the parties begin to reside more than 100
    miles apart. If JENNIFER CARY makes this election, JENNIFER CARY shall
    give DAVID CARY fourteen days' written or telephonic notice preceding a
    designated weekend. The weekends chosen shall not conflict with the provisions
    regarding Christmas, Thanksgiving, the child's birthday, and Father's Day
    Weekend below.

           2.       Spring Break in All Years - Every year, beginning at 6:00 p.m. on
    the day the child is dismissed from school for the school's spring vacation and
    ending at 6:00 p.m. on the day before school resumes after that vacation.

           3.       Extended Summer Possession by JENNIFER CARY -

            With Written Notice by April 1 - If JENNIFER CARY gives DAVID
    CAR Y written notice by April 1 of a year specifying an extended period or
    periods of summer possession for that year, JENNIFER CARY shall have

.   possession of the child for forty-two days beginning no earlier than the day after
    the child's school is dismissed for the summer vacation and ending no later than
    seven days before school resumes at the end of the summer vacation in that year,
    to be exercised in no more than two separate periods of at least seven consecutive
    days each, with each period of possession beginning and ending at 6:00 p.m. on
    each applicable day, as specified in the written notice, provided that the period or
    periods of extended summer possession do not interfere with Father's Day
    Weekend. These periods of possession shall begin and end at 6:00 p.m.

            Without Written Notice by April 1 - If JENNIFER CARY does not give
    DA VID CARY written notice by April 1 of a year specifying an extended period
    or periods of summer possession for that year, JENNIFER CARY shall have
    possession of the child for forty-two consecutive days beginning at 6:00 p.m. on
.   June 15 and ending at 6:00 p.m. on July 27 of that year.

           Notwithstanding the weekend periods of possession ORDERED for
    JENNIFER CARY, it is explicitly ORDERED that DAVID CARX,,~~!!;~~~ a
•   superior right of possession of the children as follows:                             . ;' .
                                                              ,~,,-$S~~.:.::: 9..9:~;'~~ :>.                  .
            I.
                                                                   r-(
                    SummerWeekend Possession by.DAVID CiRY:..>_lLDAYJO,···~:·~\

    ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHiS~\..
                                                                          "<~.~ :./.' ~ .. :
                                                                               /~~g 0f.j~:

.                                                                    ~"B»~·...                    .. .::::;.;.:.:):
                                                                       #',/~.f.itV ~-;::..;~.;\\ ~.:;., .
                                                                          ':"'" I   :;;:7;'1';;'~I.:,\-:,\'
               -                                               -
      CARY gives JENNIFER CARY written notice by April 15 of a year, DA vro
      CARY shall have possession of the child on anyone weekend beginning at 6:00
.,.   p.m. on Friday and ending at 6:00 p.m. on the following Sunday during anyone
      period of possession by JENNIFER CARY during JENNIFER CARY's extended


-
      summer possession in that year, provided that if a period of possession by
      JENNIFER CARY in that year exceeds thirty days, DAVID CARY may have
      possession of the child under the tenns of this provision on any two
      nonconsecutive weekends during that period and provided that DAVID CARY
.,.   picks up the child from JENNIFER CARY and returns the child to that same
      place.

               2.     Extended Summer Possession by DAVID CARY - If DA VID
      CARY gives JENNIFER CARY written notice by April 15 of a year, DA vro
      CARY may designate twenty-one days beginning no earlier than the day after the
.,.   child's school is dismissed for the summer vacation and ending no later than seven
      days before school resumes at the end of the summer vacation in that year, to be
      exercised in no more than two separate periods of at least seven consecutive days
      each. with each period of possession beginning and ending at 6:00 p.m. on each
      applicable day, during which JENNIFER CARY shall not have possession of the
      child, provided that the period or periods so designated do not interfere with
      JENNIFER CARY's period or periods of extended summer possession.

      (e)    Holidays Unaffected by Distance

           Notwithstanding the weekend periods of possession of JENNIFER CARY,
      DAVID CARY and JENNIFER CARY shall have the right to possession of the                                                ~
      child as follows:                                                                                  . ~.I·
                                                                                ~vt~
              I.      Christmas Holidays in Odd-Numbered Years - In ~-nufubered
      years, JENNIFER CARY shaH have the right to possession of the child beginning
      at 6:00 p.m. on the day the child is dismissed from school for the Christmas     ~
      school vacation and ending at noon on December ?jh,and DAVID CARY shall:l~ "
      have the right to possession of the child beginning ;tooon on December..¥' and
      ending at 6:00 p.m. on the day before school resumes after that Christmas school
      vacation.


-,
              2.
                                                                                     t:u(.n
                      Christmas Holidays in Even-Numbered Years - In mtrl-number'..!::.$~c::"CI"'-"""""'~J-...J-<...;
      years, DAVID CARY shaH have the right to possession of the chil~ beginning at
      6:00 p.m. on the day the child is dismissed from school for the Christmas school
      vacation and endin~ at noon on ~ecem.bc~ ~~d JENNIFER CA:~~~I.~~~~.
                                                                                                                          ~t\ ~



r     the right to possessIOn of the child begmmng at noon on De~en;9~!,·~·et1~., .....


,.
      at 6:00 p.m. on the day before school resumes after that Chris~. sch09\ .'         .
      vacation.                                                     {-:..; (~~ .'
                                                                           '-;.-.\           i,,...            ~
       ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP\:{;;......pj.~e;E l3                                q,... .
                                                                                   .
                                                                              . . .:;q.............. _.........: ,:, ..
                                                                                 ~",;~~/i·\! C-·· ~~ \ ',~,'...
 r                                                                                    .:"":'III'::~: :-:\~\ . ,. . . .
I




                                                             -'
~

I



                                                                                             (j) -do
~;


                                                                        E)lV'I                                       I )
             3.      Thanksgiving in Even-Numbered Years - In          ~numbered
                                                                               years,                                ~
      JENNIFER CARY shall have the right to possession of the child beginning at
      6:00 p.m. on the day the child is dismissed from school for the Thank .. ng
      holiday and ending at 6:00 p.m. on the Sunday following Thanksgi g.

             4.      Thanksgiving in Odd-Numbered Years - In          ~num~'~~I~rr
      DAVID CARY shall have the right to possession of the child beginning at 6:00
.,.   p.m. on the day the child is dismissed from school for the Thanksgiving holiday
      and ending at 6:00 p.m. on the Sunday following Thanksgiving .


,..           5.      Child's Birthday - If a parent is not otherwise entitled under this
      Possession Order to present possession of a child on the child's birthday, that
      parent shall have possession of the child and the child's minor siblings beginning

.,.   at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks
      up the children from the other parent's residence and returns the children to that
      same place.
              6.      Father's Day Weekend - DAVID CARY shall have the right to
      possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
      Father's Day and ending at 6:00 p.m. on Father's Day, provided that if DAVID
      CAR Y is not otherwise entitled under this Possession Order to present possession
      of the child, he shall pick up the child from JENNIFER CARY's residence and
      return the child to that same place.

             7.      Mother's Day Weekend - JENNIFER CARY shall have the right to
r     possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
      Mothers Day and ending at 6:00 p.m. on Mother's Day, provided that if
      JENNIFER CARY is not otherwise entitled under this Possession Order to
      present possession of the child, she shaH pick up the child from DAVID CARY's
      residence and return the child to that same place.

      (f)     Undesignated Periods of Possession

             DA VID CARY shall have the right of possession of the child at all other
      times not specifically designated in this Possession Order for JENNIFER CARY.

      (g)     General Terns and Conditions




-
             Except as otherwise explicitly provided in this Possession Order. the terms
      and conditions of possession of the child that apply regardless of the distance
)
      between the residence of a parent and the child are as follows: ....,\\,.::.'~':.i.;:,:.:.
                                                                                           ....
                                                                       ,,{.~\"~ =~'~.'::~. ! s:..?~~;:"'"
              \.      Surrender of Child by DAVID CARY - D~~~..tYCt\R:V is···<~,::\.
                                                    $. / ...~-.._ ': __ ~ ~'_. _~.~.                       -'o<" \


      ORDER IN SUlTTO MODIFY PARENT CIIILD RELATlON~;H\ " ·:'P:~GE 14 !~.~P3
                                                    -             ,...

r                                                                   ~:;~:i:::~';~:~~":'. ,-,,~,·~ ~~:~~~/
                                                                           I:~~/IV CG~·. ~         ..,\""
                                                                              'III:; /J   ;·tlH'l~''''·\




r
l
                                                                      -
              ORDERED to surrender the child to JENNIFER CARY at the beginning of each
              period of JENNIFER CARY's possession at the residence of JENNIFER CARY.

                     2.      Return of Child by JENNIFER CARY - JENNIFER CARY is
              ORDERED to return the children at the residence of DAVID CARY at the end of
              each period of possession.

                      3.      Personal Effects - Each conservator is ORDERED to return with
              the children the personal effects that the children brought at the beginning of the
              period of possession.

                      4.      Designation of Competent Adult - Each conservator may designate
              any competent adult to pick up and return the child, as applicable, and same shall
              be held to the terms and conditions of Section g( I) and (2), found immediately
              herein above. IT IS ORDERED that a conservator or a designated competent
              adult be obviously present when the children arc picked up or returned, and same
              shall be held to the terms and conditions of Sections g( I land (2), found
              immediately herein above.

                      5.      Inability to Exercise Possession - Each conservator is ORDERED
              to give notice to the person in possession of the children on each occasion that the
              conservator will be unable to exercise that conservator's right of possession for
              any specified period.

                      6.      Written Notice - Written notice shal1 be deemed to have been
              timely made if received or postmarked before or at the time that notice is due.
                      The periods of possession ordered above apply to each child the subject of
,...          this suit while that child is under the age of eighteen years and not otherwise
              emancipated, or until further order of the Court.

              This concludes the Possession Order.

       2.     Other Parenting Plan Provisions

...
 ,            In addition to al1 other provisions for possession provided in this order, the

       following periods of possession are ORDERED:

                1.    School - IT IS ORDERED that the children shall remain enrolled in

...
 I
       Fairhill School until further order of the court or further agreement of th~,paf\~:'::.'::;",
                                                                                /f;~.:"':~~'~;;-~:::~~'"::.~::,,
              IT IS ORDERED that DAVID CARY is authorized to exeqifu).aH doc;uments'<-;'~_
       needed tofacilitateenrollmentand attendance of the children, the ~9fe&.1'iiNssu.it;·t'~::\
                                                                        ~_ \.    ;_::;i~.    /r.-.~~
               ORDER IN SUIT TO MODIFY PARENT CII1LD            RELATIONSH~~~,/~G'E-:~.7;~~(¥'
                                                                                  '''''';-{• .! .", ...•.- . -••...•• -.~ .. , ....
                                                                                      ' ....1-;-:;1/ Cc~:. \ ..,,~..
                                                                                          "ill,'JI11:UIIU'\"'\\
                               -                                           -
              the Fairhill School independent of any other person until further order of the court.

                      IT IS FURTHER ORDERED that the Father, DAVID CARY, shall pay all
              expenses for the children in attending Fairhill School until further order of the court or
              further agreement of the parties - DAVID CARY shall pay 100% and JENNIFER CARY
              shall pay 0% 0 f the cost.



...           Educational Fund

                      IT IS ORDERED that the payment of the Fairhill School expenses extinguishes
              the Father's obligation to pay the $30,000.00 Educational Fund each year as previously
              ordered on December 1,2006. IT IS FURTHER ORDERED that DAVID CARY's
              obligation to pay the $30,000.00 Educational Fund is extinguished as of December 5,
              2009.
"T
                       2.     Participation in Educational Activities and Decisions -

                      Both parents shall be informed of any school trips and activities in which
              participation is permitted and both parents shall attend, if they both desire to attend.

                       3.     Extracurricular Activities -

                      Each parent shall make a good-faith effort to give information to the other parent
              about events and activities in the children's lives like school programs, concerts, award
              ceremonies, plays, sports events, and other events or activities in which the children are
              participating.

                       Extracurricular expenses shall be paid by the parent who enrolled the child.

..,.          3.       Noninterference with Possession




-
                       IT IS ORDERED that neither conservator shall take possession of the children

              during the other conservator's period of possession unless there is a prior written



-
  I



              agreement signed by both conservators or in case of an emergency.
  J

       Child Support

              IT IS ORDERED that the child support obligation of DAVID CARY}:h~:~:E¥~s~.:~9.:.

       tenninat< effective August 16, 2010.                                        i~~::;_0:Cy:~'\
              ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                    ~,..f~GI!>16...0J 33              ,.,.~
                                                                                    -=-:;'':;'';'\ \. : "' ....
                                                                                      ,. ',",,\'. ,               ,~ '.,



                                                                                     ~"~i~::~L:~~:~~:>··~~·:~:·:·:;'·
                                      -                                                  -'
                   IT IS ORDERED that JENNIFER CARY's child support obligation shall be offset by the
I
             remaining balance of$4,500.00 due by DAVID CARY for child support arrearage ordered on
."
             December 1,2006, resulting in a delay of JENNIFER CARY's child support payments and

.,.'         medical insurance premium reimbursement to DAVID CARY until November 1,2010.

                    IT IS ORDERED that JENNIFER CARY is obligated to pay and shall pay to DAVID

             CARY a one time child support payment in the amount of $1,175.02 on November 1,2010. IT

             IS ORDERED that DAVID CARY's child support arrearage owed is paid in full as of November


..,          1,2010.

                    THEREAFTER IT IS ORDERED that JENNIFER CARY is obligated to pay and shall

             pay to DAVID CARY child support of S I,333.22 per month, with the first payment being due

             and payable on December I, 20 I0 and a like payment being due and payable on the first day of

             each month thereafter until the first month following the date of the earliest occurrence of one of

-    I
             the events specified below:

                       I.    any child reaches the age of eighteen years or graduates from high school,
lIP
             whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
    I




             out below;

                       2.     any child marries;

                       3.     any child dies;


    -    I
                       4.     the child enlists in the armed forces of the United States and begins active service

              as defined by section 101 of title 10 of the United States Code; or

                       5.     any child's disabilities are otherwise removed for general purpos~.st'()'f~·':tr>·""


    ,
                                                                                                ,....~.,";' ..... ;~. ~ 0/"'~,
                                                                                                           .,"'0\ ~"""""'.~"'.- . -.:. r.....--:<--.. .
                       If the child is eighteen years of age and has not graduated from higl1:-%-djool, ITIS ....<.~>\
                                                                                                     f_, . /"'~~:---        .~                 ..
                                                                                                                                               - \ . '~'.
                                                                                                     ~    ." ;
              ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                                      ::   ~     P-AGE 17 OED'
                                                                                                     ::-9·\" ",
                                                                                                       '. -                    ' -
                                                                                                                         :. .<.~~ -.~~.-
    ..,
                                                                                                          ···~;t~~L;.j,-:,' _:\.:.~/~ ~:

    -
    , I
L
                             -                                             -
      ORDERED that JENNIFER CARY's obligation to pay child support to DAVID CARY shall not

      tenninate but shall continue for as long as the child is enrolled-

              I.     under chapter 25 of the Texas Education Code in an accredited secondary school
,..   in a program leading toward a high school diploma or under section 130.008 of the Education

      Code in courses for joint high school and junior college credit and is complying with the

      minimum attendance requirements of subchapter C of chapter 25 of the Education Code or

-
~            2.      on a full-time basis in a private secondary school in a program leading toward a


.,.   high school diploma and is complying with the minimum attendance requirements imposed by

      that school.

             Withholding from Earnings

              IT IS ORDERED that any employer of JENNIFER CARY shall be ordered to withhold

      from earnings for child support from the disposable earnings of JENNIFER CARY for the

      support of                         and

              IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of

      JENNIFER CARY by the employer and paid in accordance with the order to that employer shall

.,.   constitute a credit against the child support obligation. Payment of the full amount of child




-
      support ordered paid by this order through the means of withholding from earnings shall

I     discharge the child support obligation. If the amount withheld from earnings and credited


,..   against the child support obligation is less than 100 percent of the amount ordered to be paid by

      this order, the balance due remains an obligation of JENNIFER CARY, and it is hereby

M'
I     ORDERED that JENNIFER CARY pay the balance due directly to the state dis.\>.l!.r~efue,h~ul)it
                                                                                      .
                                                                                    . .:.~~~';:,'~,: :.'.:.:.~::'<... ~ (-)(:~;"':.
      specified below.                                                            /"<~~:>".              "                  ":';"":.
                                                                                 L. /,,--=~~
      ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                          ;~' ~         ~'+PAGE 18 OF·33~


                                                                                  "~~::!~~z~,~,·" ,'
..
I
                                                                               -
•
          additional child support, the monthly medical premium each month for the minor children,

                                  and

                  1.      IT IS ORDERED that DAVID CARY and JENNIFER CARY shall each provide

..        medical support for each child as set out in this order as additional child support for as long as

          the Court may order DAVID CARY and JENNIFER CARY to provide support for the child

          under sections 154.001 and 154.002 of the Texas Family Code. Beginning on the day DAVID

          CARY and JENNIFER CARY's actual or potential obligation to support a child under sections

          154.001 and 154.002 of the Family Code tenninates, IT IS ORDERED that DAVID CARY and

          JENNIFER CARY are discharged from the obligations set forth in this medical support order

          with respect to that child, except for any failure by a parent to fully comply with those



..        obligations before that date. IT IS FURTHER ORDERED that the cash medical support

          payments ordered below are payable through the state disbursement unit and subject to the

          provisions for withholding from earnings provided above for other child support payments.

                 2.       Definitions -

                 "Health Insurance" means insurance coverage that provides basic health-care services,



-         including usual physician services, office visits, hospitalization, and laboratory, X-ray, and

          emergency services, that may be provided through a health maintenance organization or other

          private or public organization, other than medical assistance under chapter 32 of the Texas


    .,.
          Human Resources Code.

                  "Reasonable cost" means the cost of health insurance coverage for a child that does not

          exceed 9 percent of the obligor's annual resources, as described by section 154.~~{\1$ijf:tWe.::.:...
                                                                                           ~~~;'~""""~.!~'~""~~:;~"}~"
          Texas Family Code, if the obligor is responsible-under a medical-support orJ~.f~r th~iCbs.t of~:.:··'\
                                                                                         f-:r (~:;<.~-.      ~.,         ~

                       sun TO MODIFY PARENT CHILD RELATIONSIIIP
                                                                                         '\~,::f;;~,:,~200F 33
          ORDER IN

    .,.
    I
                               -                                           -
l     health insurance coverage for only one child. If the obligor is responsible under a medical

      support order for the cost of health insurance coverage for more than one child, "reasonable cost"

      means the total cost of health insurance coverage for al\ children for which the obligor is

      responsible under a medical support order that does not exceed 9 percent of the obligor's annual

      resources, as described by section I54.062(b) of the Texas Family Code.




..
             "Reasonable and necessary health-care expenses not paid by insurance and incurred by or

      on behalf of a child" include, without limitation, any copayments for office visits or prescription

      drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care

      services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and

      necessary health-care expenses do not include expenses for travel to and from the health-care

      provider or for nonprescription medication.

             "Furnish" means:

                     a.      to hand deliver the document by a person eighteen years of age or older

                             either to the recipient or to a person who is eighteen years of age or older

                             and permanently resides with the recipient;

                     b.      to deliver the document to the recipient by certified mail, 'return receipt

                             requested, to the recipient's last known mailing or residence address; or

                     c.      to deliver the document to the recipient at the recipient's last known

                             mailing or residence address using any person or entity whose principal

                             business is that of a courier or deliverer of papers or documents either

...
-'
                             within or outside the United States .

                      d.


"
I



      ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
        I
        ~




     ...
     I




            3.      Findings on Health Insurance Availability - IT IS FOUND:

     ...            Health insurance is available or is in effect for the children through DAVID CARY's



     -
            employment or membership in a union, trade association, or other organization at a reasonable

            cost of $403.50.

                    IT IS FURTHER FOUND that the following orders regarding health-care coverage are in

            the best interest of the children.

                    4.       Provision of Health-Care Coverage -

                     DAVID CARY is ORDERED to continue to maintain health insurance for each child



    .       who is the subject of this suit that covers basic health-care services, including usual physician

            services, office visits, hospitalization, laboratory, X-ray, and emergency services. JENNIFER

            CARY is ORDERED to reimburse DAVID CARY for the health insurance for each child who is

            the subject to this suit.

                    DAVID CARY is ORDERED to maintain such health insurance in full force and effect

            on each child who is the subject of this suit as long as child support is payable for that child.

            DAVID CARY is ORDERED to convert any group insurance to individual coverage or obtain

            other health insurance for each child within fifteen days of termination of his employment or

            other disqualification from the group insurance. DAVID CARY is ORDERED to exercise any

            conversion options or acquisition of new health insurance in such a manner that the resulting

,.          insurance equals or exceeds that in effect immediately before the change.

                    DAVID CARY is ORDERED to furnish JENNIFER CARY and the Office of the
.
            Attorney General Child Support Division a true and correct copy of the he~,~!~,!,~~~,rance policy
                                                                                        ,,\.~C\.\r'l" C""_'
                                                                                           ,,'0- _',     l , . . _ J ....




            or certi fication and a schedule of benefits within 30 days of the signi~f&iifthj's·:6rdet:~:o:A. VID
                                                                                   i'~ ".~_ .. t;~         . . . :/\.-:;
            ORDER IN     sun TO MODIFY PARENT CHILD RELATIONSHIP                        ... , '«      ;;Act·zi OF 33        :   -~
                                                                               -
     l

     -
          CARY is ORDERED to furnish JENNIFER CARY the insurance cards and any other forms
     I
          necessary for use of the insurance within 30 days of the signing of this order. DAVID CARY is



 -
          ORDERED to provide, within five business days of receipt by him, to JENNIFER CARY any
     ~
          insurance checks, other payments, or explanations of benefits relating to any medical expenses

     ow
          for the children that JENNIFER CARY paid or incurred.


 ..              Pursuant to section 1504.051 of the Texas Insurance Code, it is ORDERED that if

          DAVID CARY is eligible for dependent health coverage but fails to apply to obtain coverage for

 .,.      the children, the insurer shall enroll the children on application of JENNIFER CARY or others as

          authorized by law.

                 Pursuant to section 154.182 ofthe Texas Family Code, JENNIFER CARY is ORDERED

          to pay DAVID CARY cash medical support for reimbursement of health insurance premiums, as

          additional child support, of$403.50 per month, with the first installment being due and payable
...       on November 1,2010 and a like installment being due and payable on or before the first day of

          each month until the termination of current child support for him.

                 IT IS ORDERED that the cash medical support provisions of this order shall be an

          obligation of the estate of JENNIFER CARY and shall not terminate on her death.

                 Pursuant to section 154.183 of the Texas Family Code, the reasonable and necessary

          health-care expenses of the children that are not reimbursed by health insurance are allocated as

,.        follows: DAVID CARY is ORDERED to pay 50 percent and JENNIFER CARY is ORDERED

          to pay 50 percent of the unreimbursed health-care expenses if, at the time the expenses are

          incurred, DAVID CARY is providing health insurance as ordered.                  ,,,,,,'I"i,:,,,



                 The party who incurs a health-care expense onbchalf-ofhis     or-b~~~~'¥s~~i~-ED to
                                                                                l)'~~:.-,,-!     i\, _,.,,:·\:X\
          ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                    PAGE   2J'bF,3j.:·:.- ....' )',r~


                                                                                \{;':';ii~::;s~~ti
                                      -
     I


                                                                                  -
     ~




            submit to the other party all fonns, receipts, bills, and statements reflecting the uninsured portion

            of the health-care expenses within thirty days after he or she receives them. The nonincurring

            party is ORDERED to pay his or her percentage of the uninsured portion of the health-care

            expenses either by paying the health-care provider directly or by reimbursing the incurring party

            for any advance payment exceeding the incurring party's percentage of the uninsured portion of
    ...,.
            the health-care expenses within thirty days after the non incurring party receives the fonns,

            receipts, bills, or statements.


    .,.             These provisions apply to all unreimbursed health-care expenses of a child who is the

            subject of this suit that are incurred while child support is payable for any child.

                    5.      Secondary Coverage - IT IS ORDERED that if a party provides secondary health

            insurance coverage for the children, both parties shall cooperate fully with regard to the handling

            and filing of claims with the insurance carrier providing the coverage in order to maximize the

...         benefits available to the children and to ensure that the party who pays for health-care expenses

            for the children is reimbursed for the payment from both carriers to the fullest extent possible.

                    6.      Compliance with Insurance Company Requirements - Each party is ORDERED to

.,.         confonn to all requirements imposed by the tenos and conditions of the policy of health



-
            insurance covering the children in order to assure maximum reimbursement or direct payment by
,
            the insurance company of the incurred health-care expense, including but not limited to

            requirements for advance notice to any carrier, second opinions, and the like. Each party is

            ORDERED to attempt to use "preferred providers," or selVices within the health maintenance

            organization, if applicable; however. this provision shall not apply if emergencx.,~e,is/~l19.uired.
                                                                                                         ..
                                                                                             ""~~ ~:\CT P:(':'::""
            Disallowance of the bill-by a-health insurer shall not excuse the obligatiof!-~yhher p\rtY··tO:~.~\

            ORDER IN SUIT TO MOnU'Y PARENT CHILD RELATIONSHIP
                                                                                        t·: /~~.·f. ;~':~:::::- .,~\ .' '.~
                                                                                        ::   t      . PAGE 24 OF 3.3


                                                                                         \~~~~;·:0,;:;··
 -
 -
 -    make payment; however, if a bill is disallowed or the benefit reduced because of the failure of a


 -    party to follow insurance procedures or requirements, IT IS ORDERED that each party shall be

      equally responsible to pay fifty percent (50%) of the increased p0l1ion of that bill.

 --           7.      Claims - Except as provided in this paragraph, the party who is not carrying the

      health insurance policy covering the cruldren is ORDERED to furnish to the party carrying the



 ..
      policy, within fifteen days of receiving them, any and all forms, receipts, bills, and statements

      reflecting the health-care expenses the party not carrying the policy incurs on behalf of the

      children. In accordance with section 1204.251 and 1504.055(a) of the Texas Insurance Code, IT

      IS ORDERED that the party who is not carrying the health insurance policy covering the

      children, at that party's option or others as authorized by law, may file any claims for health-care

      expenses directly with the insurance carrier with and from whom coverage is provided for the

      benefit of the children and receive payments directly from the insurance company. Further, for

...   the sale purpose of section 1204.251 of the Texas Insurance Code, JENNIFER CARY is

      designated the managing conservator or possessory conservator of the children .

•             The party who is carrying the health insurance policy covering the children is ORDERED

...   to submit all forms required by the insurance company for payment or reimbursement of health-

      care expenses incurred by either party on behalf of a cruld to the insurance carrier witrun fifteen

•     days of that party's receiving any form, receipt, bill, or statement reflecting the expenses.

              8.       Constructive Trust for Payments Received - IT IS ORDERED that any insurance

      payments received by a party from the health insurance canier as reimbursement for health-care

      expenses incurred by or on behalf of a child shall belong to the party who paid !Jl~:.e~p.enses .
                                                                                   . .,\\\\\'~\C' ()n"IJ'J'~
                                                                                  "0'<" .......... -..... '--//.,
      IT IS FURTHER ORDEREB that the party receiving theinsurancepa~.,ifdeS1\nate<l.·a'>..
                                                                                       {~./,~~:~:j '\ ... 1_:<, .. \
                                                                                  PAG~.~~ OF'~3 :<.'     -      ;".
,.
      ORDER IN SUlTTO MODlFY PARENT CHILD RELATIONSHIP


                                                                                       ;{~(~;·Er:)~;, .
        .,..
               ~--,.~---------------------




    ...                                                                                -
                 constructive trustee to receive any insurance checks or payments for health-care expenses paid

                 by the other party, and the party carrying the policy shall endorse and forward the checks or

                 payments, along with any explanation of benefits received, to the other party within five business
        .        days of receiving them.
    """
                        9.      WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
        r
                 OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF

                 HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL


    .,.          EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER THE EXPENSES

                 WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR

                 THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS,IF ANY, PAID


.,.              ON BEHALF OF THE CHILDREN .

                         10.    Miscellaneous Health Care Provisions -

                        Each parent will deliver the medications of the children to the other parent at the

                 beginning of the other parent's parenting time.

                         Each parent will deliver a copy of the medical instructions of the children to the other

                 parent at the beginning of the other parent's parenting time.



..                       Each parent will inform the other via email of regular health-care appointments 48 hours

                 in advance, and both may attend.


-
    j




                 Miscellaneous Child Support Provisions
    i
                         SupPOrt as Obligation of Estate

                         IT IS ORDERED that the provisions for child support in this order shall b~jl:l;l,p.p.};i,gation
                                                                                                             ,..\\·"iCT         : - . ' 1 11 ,
                                                                                                         \\\;,..rC;,\       •   !~'O "~"

                  of the estate of JENNIfER CARY and shall not tenninateonthe deatho(J¥®f.FE~·CARY~~::_

                                                                                                r· (     ./~_/: ~- "'"


-
                                                                                                j                                                -
                  ORDER IN SU1T TO MODIFY PARENT CHILD RELATIONSHIP                                          ":;':PAGE-i6' orb)
                                                                                                ~"....   \
I
                                                                                                \.~~.~:</                               .. ':
    ,
                                                                                                             ,
                                                                                                                 -.......   _   ....
                                                                            -
       Payments received for the benefit of the children. including payments from the Social Security

       Administration, Department of Veterans Affairs or other govenuncntal agency or life insurance

       proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit

       against this obligation. Any remaining balance of the child support is an obligation of

       JENNIFER CARY's estate.

                Optimizing Development of Relationship between Parties and Children

                IT IS ORDERED that DAVID CARY and JENNIFER CARY shall encourage

 ,.                 and                          to have a caring and loving relationship with the other

       parent and stepparents.

       Settlement of Future Disputes

                The Court finds that the parties agree to the following, as evidenced by their signatures
.,..
       below.

                IT IS ORDERED that a party bringing suit against the other party or their respective

       spouses or family members will be required to post $100,000.00 before any new suit, other than

       a suit brought to enforce the tenns of this Order or an emergency suit alleging imminent danger

       of a child, may be initiated. IT IS FURTHER ORDERED that $50,000.00 of said money shall be

       immediately disbursed to the party who has not brought the new cause of action and the balance

       placed in the registry of the Court.

                IT IS ORDERED that the parties will be exempt from the requirement to post $100,000
r
       as dictated above for the following:

                (1) If either party files for one report back hearing in December 2010;
                                                                                       ",,;/(f:;.?.'.~. ::~> ""
                (2) the first time Jennifer €ary files a Motion toModit'y-ChildSup~at'id Medical
                                                                                   !~/"<.:-.:..:'.
       ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP                     PAGF;27pF JJ
,.
,
                                                                                   ~{~;/:                ..... .

                                                                                          ''''';.:~::~;,~: ~ ,~-'-':   .
                                                                               -
  -     Reimbursement.

               (3) if either party files suit to appoint a parenting facilitator, as this issue was reserved for

        further review by the Court.

 .,..
 ,.
        Counseling



  -
               IT IS ORDERED that Alexandra Doyle is appointed as counselor for the children, the




 -
        subject of this suit. IT IS FURTHER ORDERED that both parties shall cooperate fully with any

        and all requests by Alexandra Doyle regarding the frequency and number of appointments of



-                               and                          with Alexandra Doyle.

               IT IS ORDERED that DAVID CARY and JENNIFER CARY shall each pay fifty percent

        of the counseling fees for the children with Alexandra Doyle and IT IS FURTHER ORDERED



-
        that DAVID CARY and JENNIFER CARY shall pay the fees directly to Alexandra Doyle.

               IT IS ORDERED that DAVID CAR Y and JENNIFER CARY shall cease appointments


-       for the minor children with Alex Doyle if the parties agree in writing.

        Extinguishment of Prior Debt

               The parties have agreed that the sum of $250,000.00 is to be paid to JENNIFER CARY.

        Payment of the sum 0[$250,000.00 will extinguish all prior debts that DAVID CARY currently
..,.


-
        owes JENNIFER CARY or her attorneys under any existing court order.

               The terms and condition of payment of the $250,000.00 are as followed: IT IS


.,.     ORDERED that JENNIFER CARY is granted ajudgment against DAVID CARY in the amount

        of $250,000.00, such judgment bearing interest at 5 % per annum compounded annually. from

        the date the judgment is signed until paid, for which let execution issue if it is not paid.

               Medica lNotifica tion

        ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
         ..,.

      ....
      I
                                                                                       -

     .
     I
                        Each party is ORDERED to infonn the other party within two hours of any medical

                condition of the children requiring surgical intervention, hospitalization, or both.

     _.                 Within fourteen days after the Court signs this order, each party is ORDERED to

                execute-
     .,.                1.       all necessary releases pursuant to the Health Insurance Portability and

                Accountability Act (HIP AA) and 45 C.F.R. section 164.508 to pennit the other conservator to

                obtain health-care infonnation regarding the children; and

                        2.       for all health-care providers of the children, an authorization for disclosure of

                protected health infonnation to the other conservator pursuant to the HIPAA and 45 C.F.R.

                section \64.508.

                        Each party is further ORDERED to designate the other conservator as a person to whom

                protected health infonnation regarding the children may be disclosed whenever the party

                executes an authorization for disclosure of protected health infonnation pursuant to the HIPAA

                and 45 C.F.R. section 164.508.

                       Service of Writ
,.                      Petitioner and Respondent waive issuance and service of the writ of injunction, by

                stipulation or as evidenced by the signatures below. IT IS ORDERED that Petitioner and

                Respondent shall be deemed to be duly served with the writ of injunction.

                Required Information

                        The infonnation required for each party by section I05.006(a) of the Texas Family Code

                is as follows:

                Name: DAVID CARY

                ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
    ..,
                                                                       -
                  Social Security number:
                  Driver's license number:                Issuing state: Texas
 .,               Current residence address:
                  Mailing address:      same
                  Cell telephone number:

    --
    •             Name of employer: TDI Technology
                  Address of employment:                    Plano, TX 75074
                  Work telephone number:     972-672-4280
    ..,.   Name: JENNIFER CARY
                 Social Security number:
                 Driver's license number:                 Issuing state: Texas
                 Current residence address:                                         1
                 Mailing address:      same
 .,.             Cell telephone number:
                 Name of employer:          none
                 Address of employment:     none
                 Work telephone number:     none

           Required Notices

'.,.              EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY

           EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY

           CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,

.,.        HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,


.,.        DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS

           ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED

           INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE

           REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
r          THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN


r          SUFFICIENT TIME TO PROVIDE 60-DA Y NOTICE, THE PARTY IS ORDERED TO GIVE

           NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTE~~1;ff.~t)~W,JHAT


           ORDER IN SUIT TO MODIFY PARENT CHILD RELATIONSHIP
                                                                           lj!'~)f~-~Y;\
                                                                           ~   d!   ...... "')PAQE 30 'OF 33


                                                                           \~t~;<:J~~s;~~l
                                                                                        11/!!t:II\\l'\

•
    .,.
            NO. 380-54606-03

            IN THE INTERESTS OF                                                               IN THE DISTRICT COURT

                                                                                                      TH
                                       and                                                    380          JUDICIAL DISTRICT
    9
        I
                                                                                              COLLIN COUNTY, TEXAS

            INTERPRETATION OF FEBRUARY 8,2010 MEDIATED SETILEMENT AGREEMENT




    ...               I have been requested by the parties to make certain determinations insofar as the



    ,.
    I
                                                                                                           1h
            interpretation and performance of the MSA that was executed on the 8 day of February, 2010 in this
            matter.

                      The following constitutes my determination and clarification of the current disputed items:

                          •   The children shall remain in Fairhill School until further order of the court or further
                              agreement of the parties..
                          •   The Father shall pay all expenses for the children in attending Fairhill School until
r                             further order of the court or further agreement of the parties.
                          •   The payment of the Fairhill School expenses extinguishes the Fathers obligation to pay
                              the $30,000.00 Educational Fund each year effective December 5,2009
                         •    The residence of the children shall be confined to Dallas or contiguous counties until
                              further order of the court or further agreement of the parties.
                         •    Any parenting facilitator acting under the MSA executed on February 8, 2010, shall serve
                              as long as the court deems it necessary or further agreement of the parties.
                         •    The payment of the sum of $250,000 to Mother extinguishes all prior debts that Father
                              owed to Mother or her attorneys on February 8, 2010, under any court order that
                              existed on February 8, 2010.




..
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         The First Administrative Judicial Region                                                                                 Page 1 of 1




'..,..                                                                  The First
                                                              Administrative Judicial Region

..,..

                                            Judge Ovard's Memo               Bio Information:

                                           Judicial Region Judges                  Presiding Judge of the First Administrative Judicial
                                                                                   Region 2000-Present
                                                                              •    Justice of The Court of Appeals, Fifth District of Texas at
                                           Judicial Region Courts
                                                                                   Dallas 1989-2000
                                                                              •    Judge of 265th Judicial District Court of Texas 1979-
                                   Search Judicial Assignments By Judge            1988
                                                                              •    Law Practice with Parker and Ovard 1978
                                   Search Judicial Assignments By Court       •    Assistant District Attorney with Dallas County 1969-1977
                                                                              •    Education:
                                   Search Judicial Assil!nments By County          BBA University of Texas at Austin 1966


-
                                                                                   JD University ofTexas Law School 1968
  ,                                      Assignment Request Form                   Service and Recognition Achievements:
                                                                                   - Honorary member on the Board of Advocates of
                                                                                     Dedman School of Law
                                             Rules of Procedure                    - Past chairman of the Criminal Law Section of the
                                                                                     Dallas Bar Association
                                                                                   - Past recipient of the Texas Department of Human
             Judge John Ovard                  Useful Links                          Resources "Recognition Award for Exemplary
                                                                                     Support of Protective Services for Children"
                                                                                   - 2007 Recipient of Wednesday's Child HUG
                                                                                     Award for providing Hope, Understanding, and
                                                                                     Generosity to North Texas foster children
                                                                                   - Lifetime member of Zion Lutheran Church where he
                                                                                     served as a deaaon and Sunday School superintendent
                                ~.. -
                                                                  ~~~~§I~~
                                                                  ~                                        ,~~
                                                                                                        -. ~.'ZotY"
                                                           Phone: (214) 653-2943
                                                            Fax: (214) 653-2957
                                                            Email: George Cowart
                                                             Email: Judge OYard




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                                                             The
                                                     First Administrative
                                                       Judicial Region
                                                     Judge Information
                                                    Select Judge from List to review information.
           -----'--'---"'---
                                                                                         I   List Judge
                                                            Hon. John L. McCraw Jr.
.,.                                            Judge Sio                                 Education
                                               Appointed

-    ,                                         Status: Senior
                                               Court: 5th Court Of Appeals

    '.,.           '
                 Br.',-' --
                 -    . • ,.1-..   .:
                                   .
                                         -~cr-
                                        ,:   ~ .~


                                                    The First Administrative Judicial Region
                                                                133 N. Industrial
'T'                                                                    LB 40
                                                               Dallas, Texas 75207

                                                              Phone: (214) 653-2943
                                                               Fax: (214) 653-2957




,.

,.
.,..




                                                                                                          RIl 7/701 0
                                                                                                                   .Page 1 ot 1



                                               The
-                                      First Administrative
                                         Judicial Region
                                    Assignmemts Information
.,.    _ _ _ ••_0 _ _ _ _
                                         Get Court Assignments by the Court of your choice .

                            100th District Court                                   List Assignments



                                  JName

..,.

.,.
                       Hon. Keith Dean
                       Han. Quay Parker


                      ~Y:'-.? 1".7~~~                 ~~~7'                                           " Jff.r~'"
                      ~.i!.~~                         ~~~J~~~?~~
                                           The First Administrative Judicial Region
'T                                                     133 N. Industrial
                                                              LB 40
                                                      Dallas, Texas 75207

                                                      Phone: (214) 653-2943
                                                       Fax: (214) 653-2957




'T




.,.




                                                                                                                    RI1?I?010
-
                                                                                                               Page I of    j




                                               The
-                                      First Administrative
                                         Judicial Region
                                    Assignmemts Information
                                         Get Court Assignments by the County of your choice.

                                          Anderson                         List Assignments


.,.                                                               Collin
          JName II Start Date II EndDate IIDaysl Court II                                 Conditions
        Han. John
        Ovard
                         5/25/2010        5/25/2010   ~401st
                                                          District
                                                                       Cause No. 401-52595-2008: In the Interest of
                                                                       Hanae Mori Sampley, a child.
                                                            Court

.,.     Han. Quay
        Parker
                         7/22/2010        7/22/2010   ~199th
                                                          District
                                                            Court
                                                                       To hear Cause No. 199-2973-2008: In the Matter of
                                                                       the Marriage of Long .

        Han. John
        Nelms
                             812/20101 7130/2010      ~401st
                                                          District
                                                                       to hear Cause No. 401-81562-10: State of Texas vs.
                                                                       Marcia Simpson.
                                                            Court
        Han. John            8/2/20101 7/30/2010 ~401st                To hear Cause No. 401-81557 -10: The State of
        Nelms                                               District   Texas vs. Sherry Bell.
                                                            Court
        Han. John            8/21201017/30/2010       ~401st           To hear Cause No. 401-81559-10: State of Texas
..,.    Nelms                                             District
                                                            Court
                                                                       vs. Rebecca Littrell.

        Han. John
        Nelms
                             8121201017/30/2010       ~401st
                                                          District
                                                                       to hear Cause No. 401-81561-10: State of Texas vs.
                                                                       Lorrie Robertson.
                                                            Court
        Han. John
        Nelms
                             8/2120101     8/2120101~ 401st            To hear Cause No. 401-81561-10: The State of
                                                            District   Texas vs. Lorrie Robertson.
                                                            Court
        Han. John
        Nelms
                             812/20101713012010       ~401st
                                                          District
                                                                       To hear Cause No. 401-81560-10: State of Texas
                                                                       vs. Amy Mathis.
T'                                                          Court
        Han.
        Donald
                             819120101811312010       ~401st
                                                          District
                                                                       Auxiliary Court.

        Jarvis                                              Court                                                           1
        Han.
        Richard
                             819120101811512010       ~429th

                                                      Jcounty
                                                          District
        Davis                                               Court
        Han. Bill            819/20101811212010
        Bachus                                              Court at
                                                            Law #1 -
                                                            Collin
        Han. James           8/9/2010     8/13/2010       5 199th
        R. Fry                                              District



,.     httn·/Ifir<:t:uimin   rnm/~<:nfRvrnt ~<:n                                                                SUl 'JI'JCllC1
                                                                                                              .Page 1. ot   j


.,.
                                                        ICourt
-     Han. Quay
      Parker
                       8/10/2010       8/10/2010   ~1991h
                                                       District
                                                         Court
                                                                    To hear Cause No. 199-52987-2010: In the Matter
                                                                    of the Marriageof Smith.


      Han.
      Donald
                       8/16/2010       8/20/2010   ~4171h
                                                       District
      Jarvis                                             Court

.,.   Han. James
      R. Fry
                       8/16/2010       8/20/2010   ~401S1
                                                       District
                                                                    Auxiliary Court.

                                                         Court
                                                                                                                            1
      Han. Quay
      Parker
                       8/16/2010       8/20/2010   ~401S1
                                                       District
                                                                    This assignment is to hear the CAC docket.

                                                         Court
      Han. Quay        8/20/2010       8/20/2010       1 199th      To hear Cause Nos. 199-81720-08, 199-81721-08,
      Parker                                             District   199-81722-08, 199-81723-08 and 199·81724-08;
                                                         Court      The State of Texas vs. David Calhoun Jones, and to

.,.
                                                                    hear any other matters pertaiining to the business of
                                                                    the 199th Judicial District Court while serving under
                                                                    this assignment.


,..   Han. Keith
      Dean
                       8/23/2010       8/27/2010
                                                   ~3BOth
                                                       District
                                                         Court
      Han.             8/23/2010       8/27/2010                    This assignment is to hear the CAC docket.
      Nathan
                                                   J401S1
                                                       District
      Emmett                                             Court
      White. Jr.
                       8/23/2010       8/27/2010
                                                   Jcounl Y
      Hon.Don
'T"   Metcalfe                                        Court at
                                                         Law #3-

,..   Han. Quay        8/23/2010       8/27/2010   ~401S1
                                                         Collin
                                                                    Auxiliary Court.
      Parker                                           District
                                                         Court                                                              1
      Han.             8/25/2010       8/27/2010
      Richard
                                                   Jcounty
                                                       Court at
      Mays                                               Law #4-
                                                         Collin
      Han. Keith       8/30/2010        9/31201 0l~ 401 sl          To hear Cause No. 401-81939-09 and 401-81940-
      Dean                                               District   09: State of Texas VS. Vernon Bowman.
                                                         Court
      Han. Don         8/30/2010       8/31/2010
      Metcalfe
                                                   Jcounty
                                                       Court at
                                                         Law #3-
                                                         Collin
      Han. Quay         9/1/20101       9/3/20101 ~ 401s1           Auxiliary Court.
      Parker                                             District
'i                                                       Court                                                              1
      Han. James        9171201019/13/201 0        ~ 401 sl         Auxiliary Court.
      R. Fry                                             District
j                                                        Court                                                              1

      Han.             9/13/2010       9/1712010   ~ 401s1          Auxiliary Court.
      Donald                                             District
j     Jarvis
                   .               .               .    .Court
                                                                    .                                                       1




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-
       Han. Webb     9/13/2010   9/17/2010      199th
       Biard                                    District
                                                Court




-
       Han.          9/13/2010   9/17/2010      380th
       Nathan                                   District
       Emmett                                   Caurt
       White. Jr.

..,.   Han. Vicki
       Isaacks
                     9/14/2010   9/14/2010      429th
                                                District
                                                Caurt
       Han. Vicki    9/16/2010   9/17/2010      429th
       Isaacks                                  District
                                                Court
       Han. Phil     9/20/2010   9/21/2010      County
..,.   Barker                                   Court at
                                                Law #2-



-
                                                Collin
       Hon.          9/27/2010   10/1/2010      401st      Auxiliary Court.
       Nathan                                   District

                                                                                        I
       Emmett                                   Court
       White. Jr.
'j'
       Hon. Quay     10/4/2010 10/22/2010       380th
       Parker                                   District
                                                Caurt
       Han. Keith    10/412010   10/8/2010      380th


.,.
       Dean                                     District
                                                Caurt
       Han. James    10/4/2010   10/8/2010      401st      Auxiliary Court.
       R. Fry                                   District
                                                Court                                   I
       Han.         10/11/2010 10/15/2010       401st      Auxiliary Court.
       Donald                                   District

.,.    Jarvis                                   Caurt                                   I

                                   The First Administrative 'Judicial Region
                                               133 N. Industrial


,.                                                    LB 40
                                              Dallas, Texas 75207

                                             Phone: (214) 653-2943
                                              Fax: (214) 653-2957
j




j



                                                                                RI1?I?OlO
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-
                                                      The
                                              First Administrative
                                                Judicial Region
                                           Assignmemts Information
                                               Get Court Assignments by the Judge of your choice.

                                                                                                         List Assignments

                                                                       Han. Phil Barker                                                                                I
         StartDatellEndDatellDays~                                                                                                                                     I
..,.                                                   Court             II   County                                     Conditions

           9/1/20091.   9/1120091                                                          __+T_h_is_a_SS_ig_n_m_e_n_ts_h~al_1sAugust-.t31,m=-2010.1_'_2_00_9_a_n_d---!1
                                          11_T_O_O_th_e_r_R_eg_iO_n_+I_TRO~9::....~lot_hn_er
                                    -----.J                                .                   shall continue through _ta~rt: . . s_e_p:. e. :. . b:. -.e. .:. .r
           9/1/20101                                                     1 To ~ther
...,.               .
                                              To Other Region
                                                                         . Region
                                                                                             This assignment shall continue through August 31,
                                                                                             2011 .
                                                                                                                                                                       1

          9non010
                    1
                        9~1~0101           2Irc-o-un-t-y-c-oo-rt-.a-t-~I·-c~~~~n--~-----------------~
                  1             "-~ Law #2 - Collin



                                                   The First Administrative Judicial Region
..,.                                                           133 N. Industrial
                                                                      LB 40
                                                              Dallas, Texas 75207

                                                                   Phone: (214) 653-2943
                                                                    Fax: (214) 653-2957




 .,..



 .,.
 ,.

 .,.    htto://firstadmin.com/aso/BvJdll.asn                                                                                                             RI1 ?J?Ol 0
                                                                                                                             Page 1 of 1
.,.
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                                                    The
''                                          First Administrative
.,.                                           Judicial Region
                                         Assignmemts Information
.,.                                         Get Court Assignments by the Judge of your choice.

                                                                                      List Assignments

        I                                               Hon. William Martin III
        IStartDate~EndDatellDaysl            Court      County II                              Conditions
                         9/7!20201~ Court
            10/9/20071              4th District
                                                       ~
            911120091    9/1/20091~ ~~~~ District       Cherokee 1This.assignment is to hear the Foster Care docket and shall
..,..                                                             continue through August 31,2010 .                                            I
            9/1/20091    9/1/20091~ ~:~~ District      ~ This. assignment is to hear the Foster Care docket and shall
                                                                    continue through August 31,2010.

.,.         9/1/20091    9/1/20091~ ~~~~ District       Upshur    1 This.assignment  is to hear .the Foster Care docket and shall
                                                                    continue through August 31,2010.

            9/1/20091    9/1/20091~ ~t~u~istrict       ~ This assignment is to hear the Foster Care docket and shall
                                                                    continue through August 31,2010.

            9/1/20091    9/1/20091~ "{;~t~rtDistrict    Morris    1This aSSignment is to hear the Foster Care docket and shall
                                                                   continue through August 31.2010.


,.          9/1120091

            9/1120091
                         9/1/20091~ ~:~~ District
                         9/1/20091~ ~~~~istrict
                                                        Morris    1Thisassignment is to hear the Foster Care docket and shall
                                                                   continue through August 31,2010.
                                                        Cherokee 1This. assignment is to hear the Foster Care Docket and shall
                                                                  conlrnue through August 31. 2010.

            9/1120091    9/1/20091~ ~~t~rtDistrict      Kaufman 1This. assignment is to hear the Foster Care docket and shall
                                                                 continue through August 31, 2010.
'T"

,.
            9/1120091    9/1120091~ ~t~u~istrict       ~ This. assignment is to hear the Foster Care docket and shall
                                                                    continue through August 31, 2010.

            9/1/20091    9/1/20091~ ~~~~ District      ~ This assignment is to hear the Foster Care docket and shall
                                                       Zandt .      continue through August 31, 2010.



-                        9/1/20091~ ~:u~istrict         Red River 1This.assignment is to hear the Foster Care docket and shall
            9/1/20091                                              continue through August 31,2010.
 J
            9/1/20091    9/1/20091~ ~~~~d District      Red River 1This.assignment is to hear the Foster Care docket and shall
                                                                   contllnue through August 31, 2010.

,..         9/1120091    9/1/20091~ ~~~~ District      ~ This.assignment is to hear the Foster Care docket and shall
                                                                    continue through August 31,2010.

            9/1/20091    9/1/20091~ ~~~~ District       Hunt
                                                                  1This assignment is to hear the Foster Care docket and shall
                                                                   continue through Agust 31, 2010.

j           9/3/20091    9/3/20091~ ~~~~ District       Marion    1This.assignment   is to hear the Foster Care docket and shall
                                                                    continue through August 31,2010.




                                              The First Administrative Judicial Region
                                                          133 N. Industrial
                                                                 LB 40
r                                                        Dallas, Texas 75207

                                                         Phone: (214) 653-2943
                                                          Fax: (214) 653-2957
j



                                                                                                                              Q   11 ')   ,')n 1(\
                                                                                                                       page   I 01 I




                                                   The
                                           First Administrative
                                             Judicial Region
                                        Assignmemts Information
..,.                                       Get Court Assignments by the Judge of your choice.

                                                                                      List Assignments

        I                                               Hon. John L. McCraw Jr.
        !StartOate"EndOateloaysl Court I!Countyl                                           Conditions

            6/10/2010   6/24/2010
                                    ~292nd ~ Cause Nos. W02-45407-VIA) and W02-45405-VIA), Ex Parte Scoll
                                      1 District
                                                                 Arthur Gardner.
                                          Court
                                                                 To hear Cause Nos. CR01350,CR01351 and CR01352; The State of
                                                                 Texas vs. Mark Allen Richardson. Cause Nos. CR01353,CR01354
                                          102nd                  and CR01355: The State of Texas vs. Jermicole Savory Richardson.
                                                     Red
             8/2/2010    8/2/2010       1 District               Cause Nos. CR01344,CR01345 and CR01346: The State of Texas
                                                     River
                                          Court                  vs.Xavier Marquist Richardson. Cause Nos. CR01347,CR01348 and
                                                                 CR01349: The State of Texas vs. Verger Richardson(aka Vergil
                                                                 Richardson).

            8/10/2010   8/10/2010
                                    ~382nd
                                      1 District
                                                     ~ Th;s ass;gnmenl ;s 10 hear Cause No. 2-10-380, The Siale ofTexas
                                                     Rockwall vs. John Collen Cullins and Cause No. 2-10-381: The Slate of Texas
                                          Court               vs. John Collen Cullins.

            8/12/2010   8/12/2010
                                    ~382nd
                                      1 District
                                          Court
                                                     Rockwall   I
                                              The First Administrative Judicial Region
                                                          133 N. Industrial
                                                                 LB 40
                                                         Dallas, Texas 75207



-                                                            Phone: (214) 653-2943
                                                              Fax: (214) 653-2957




 r
 r

       httn'/Ifir,t::lnmin rnm/::l<:nffivTno ::lIm                                                                      SV1'J/?OlO
                                                                           JUDGE'S

                                                              DOCKET SHEET
                                                              CASE No. 3805460603
           I n the Matter of the Marriage of David Fredrick Cary Vs.           §                      Location: 380th District Court
          .Iennifer Lynn Cary                                                  §               Judicial Officer: Wooten, Suzanne
                                                                               §                       Filed on: 1212912003
                                                                               §          Case Number History:
                                                                               §                        Appeal: OS-OS-00233-CV
                                                                               §                                 OS-OS-00727-CV
                                                                               §                                 OS·07-012S9-CV



.,.
                                                                   C\.<;E '''FOIOI.\TI!YI;


         Statistical Closures                                                                  Case Type:   Divorce
         10/05/2004      Agreed Judgment


              IhTE


                             Current Case Assignment
                             Case Number                       3805460603
                             Court                             380th District Court

.,.                          Date Assigned
                             Judicial Officer
                                                               0112112009
                                                               Wooten, Suzanne



,.
,.
                                                                                                                       Lead Allomeys
         Petitioner                  Cary, David F                                                                             Webb, Brian L
                                                                                                                                     Retained
                                                                                                                            214·871·2730(W)


,..
                                     Gunnstaks, C. Luke                                                                     Thomas, Ashlie L
                                                                                                                                    Retained
                                                                                                                            817·503-9200(W)

         Respondent                  Cary, Jennifer L                                                                         Neal, William F
                                                                                                                                     Retained
T'                                                                                                                           972-436-8000(W)




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              J) \



           12/2912003
                     fE


                          ru Conversion
                           !""C.



                               PETITION FOR DIVORCE
                                                            [\'E'\TS   Soc ORIWf{S Of TilE COPln




....       12n9/2003      Conversion
                               REQUEST FOR CIT & TRO / NO SERVICE

           1212912003     Conversion
                               AFFD A E HAYS ETAL

           12/2912003     Conversion
                               ISS CIT & TRO RET TO SCOTT

           12129/2003      §J Conversion
j                                  RULE 103 STMPD

           1212912003      9J Conversion
 j                                 TROSGND

           01106/2004      WConversion
                                   SIR ClTITROJENNIFER CARYll·j-(}4 $125.(}O
     j


                                                                           PAGE I OF 66                                       Printed all 08//212010 (1/ 1:44 PM
                                                                      JUDGE'S


'T"                                                       DOCKET SHEET
                                                          CASE No. 3805460603

,..     01106/2004    9J Conversion
                           ORDER REQ COMPLETE CHILD INT SEMINAR SGN

,.      01/09/2004   Conversion
                           HRGTRORMVD


.,.     01/0912004   Conversion
                        HRG TRORMVD



,.      01/0912004    WTemporary Injunction
                        Agreed Mutual Temporary Injunction



,.      0111)/2004    ii1 Conversion
                        R'S ORIGINAL ANSWER! JENNIFER

        01/13/2004    WConversion
                        COUNTER-PETITION FOR DIVORCE
T'
        01122/2004   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                           TRO




,.                    QJ Leiter
        0112)/2004
                        from Judge to A 1I0rneys • Sel for Trial on 5-IO-(}4


        02110/2004    iiJ Conversion
                        MOTION FOR SOCIAL STUDY

        02n6/2004    Conversion
                        MTN FOR SOCIAL STUDY RMVD

                      r··
        02126/2004    W Conversion
                        MOT FOR SUBS OF COUNSEL

        02127/2004    WConversion
                        RULE II AGREEMENT

        0)/0412004    WConversion
                        PPE CERT-JENNIFER CARY 112614

                      ,-
        03112/2004    9J Conversion
                           MOT SIGN TEMP ORD

j       03122/2004    WConversion
                            REQ FOR JURY TRIAL

 j      03122/2004    §J Conversion
                            MOT FOR PSYC EVALUATION


 j      03122/2004    9J Conversion
                            AGRD MOT FOR WIDRA W OF COUNSEL


    j   03122/2004    WConversion


 r                                                                   PAGE 2 OF 66          Printed 011 nS1I2/2010 at 1:44 PM
                                                                       JUDGE'S

                                                             DOCKET SHEET
                                                             CASE No. 3805460603
                              NOT OF APPEARANCE OF COUNSEL
..,..
          03124/2004    §J Conversion
                              ORD FOR WIDRA WAL OF COUNSEL-SIGNED

                        ,...-:.
          0312512004    Q,J Conversion
                             MOT FOR ENTR Y ON LAND

          03125/2004    aJ Conversion
                             APPEARANCE OF CO-COUNSEL

          0)130/2004   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                         MOT TO SIGN 1'10

          03130/2004   Conversion Entry (9:00 AM) (judicial Officer: Sandoval, Charles F.)
                         MTN FOR PSYCHOLOGICAL EVALUATION

          03/30/2004   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                         MTN FOR ENTRY ON LAND


,..       0)/30/2004   Conversion
                         TBC RMVD



.,.
          0)/30/2004    ~ Conversion
                             TEMPORARY ORDERS-SIGNED



,.        03/3112004    {iJ Letter
                              Vacation - A Michelle May




.,.
          04102/2004    W Conversion
                        ~




                             PPE CERT. DAVID. 2123104

          04/12/2004    B:J Letter
                            Fo A Michelle May to Rick Robertson - request for extension of time


          04122/2004    KJ Conversion
                             MOT FOR ENFORCE AND OR'EJ TO APPEAR
 1"
          0412212004   Conversion
                         REQUEST FOR CIT & NOTICEINO SERVICE

  i       0412212004   Conversion
                         AFFI RULE 103 HILTON & BURDEN


  r       04128/2004    9J Conversion
                              RULE 103 ORDER-STMPD


   j      0412912004   Conversion
                         CIT AND NOTICE ISD TO FRONT


                        WConversion
   r
          0413012004
                                  SIR CIT DAVID CARY 4-29-04 $60.00


      I   04/30/2004    1iJ Conversion
      T                           SIR NOT DAVID CARY 4-29-04 $35.00


                                                                       PAGE 3 OF 66               Prill ,ed all OSIJ 212010 lit 1:44 PM
                                                                  JUDGE'S

""j'                                                   DOCKET SHEET
                                                       CASE     NO. 3805460603

       05/05/2004     9J Conversion
                        1ST AMENDED PET FOR DIVORCE

..,.   05/05/2004     WConversion
                        DAVID F CARY'S ORIG ANSWER

       0511 0/2004   {i] Conversion
                        1ST AMEND MOT FOR ENFORCEMENT

.,.    05112/2004    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        MTN FOR ENFORCEMENTIORDER TO APPEAR

       05120/2004     WConversion
-r                      AGJ SCHEDULING ORDER SGND


.,.    05/2512004     ~ Conversion
                        NOT OF INTENT TO TAKE DEPO BY

       05/25/2004    Conversion
                        WRITTEN QUESTIONS

       05/25/2004     WConversion
                        MOT TO QUASH & FOR PROTECTIVE ORDER

       06/08/2004     9J Conversion
                        NOT OF APPEARANCE AND MOT FOR

       06/0812004    Conversion
                        -SUBSTiTUTIONS OF COUNSEL

       06/08/2004     §J Conversion
                        AGREED MOT FOR WID OF COUNSEL

       06/10/2004    Connrsion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        DIC FOR ORDERS

 .,.   0611412004     Iil Conversion
                        CERT DEPOIPETER SHERROD.M.D. $164.73

                      r-
 'T    06114/2004     9J Conversion
                        CERT DEPOICAROLYN ASHWORTH.M.D. $124.50

       06114/2004     WConversion
                           CERT DEPOIKIDNETWORKS $122.25

       06114/2004     WConversion
                           CERT DEPOIPLANO PEDIATRICS $163.75


  j    06114/2004     ~     Conversion
                           CERT DEPOIPRINCE OF PEACE SCHOOL $117.75


  T
       06114/2004     9J Conversion
                                                                                           PI'i/lled all 08//212010 01 / ·44 PM
                                                                  PAGE 4 OF 66
                                                               JUDGE'S

                                                     DOCKET SHEET
                                                  CASE NO. 3805460603
                          CERT DEPOINRTH TX EAR,NOSE & THROAT $/34.25

        06114/2004   ~ Conversion
                          CERT DEPOIPRINCE OF PEACE SCHOOL 1117.75

        06/14/2004   BJ Conversion

-
                          CERT DEPOITX CHILD NEUROLOGY $157.50

        0611412004   9J Conversion
                          CERT DEPOIOFFICE OF SANDY BU7TINE $/09.75

        06114/2004   WConversion
                          CERT DEPOIPLANO ISD $/67.76

        06/1412004   9J Conversion
.,.
                          CERT DEPOfPLANO ISD $152.46

        0611412004   !iJ Conversion
                          CERT DEPOIPETER SHERROD $202.40

        06114/2004   9J Conversion
                          CERT DEPOIPLANO PEDIATRICS $159.75

        0611412004   iiJ Conversion
                          C£RT DEPOIDEVELOP PEDIATRIC SERVICE $148.55
                     ,
        06114/2004   WConversion
                          CERT DEPOIGRACE PRESBY CHURCH $105.70

                     r:.
        0611412004   ~ Conversion
                      CERT DEPOIPEDIATRIC OPTIIAMOLOGY,PA $127.75


:r
I
        06114/2004   "
                     9J Conversion
                          CERT DEPOIGRACE PRESBY CHURCH S107.00


i       06/14/2004   §J Conversion
                           CERT DEPOIACUTE KIDS URGENT CARE $119.75


-   i
        0611412004
                     ,-
                     WConversion

,.
                           CERT DEPOIINFA NTrf'ODDLER INTER VENT S387. 77

        06/1412004   §J Conversion
                           CERT DEPOIST ANDREW UNIT METH CHURC $138.75


    j
        06/1412004   gj Conversion
                           CERT DEPOIST ANDREW UNIT METH CHURC $1 39.00


        06114/2004   9J Conversion
                           CERT DEPOIINFINITE BOUNDS $/40.25

        06114/2004   9J Conversion

                                                                              Printed 011 ()8112/2M () at 1.·,14 PM
                                                               PAGE S OF 66
                                                                  JUDGE'S

                                                       DOCKET SHEET
                                                       CASE No. 3805460603
                            CERT DEPOIINFlNIT£ BOUNDS $114.50

        06/14/2004    WConversion
                            CERT DEPOIEASTER SEALS REHAB SERVIC $172.25




..
        06114/2004    9J Conversion
                            CERT DEPOIEASTER SEALS REHAB SERVIC $197.25

        06116/2004    WConversion
                            RULE II AGREEMENT
.,.     06118/2004    9J Conversion
                            MOT TO QUASH & FOR PROTECTIVE ORDER

        06123/2004    WConversion
                            FIRST SUPPLEMENTAL PET FOR DIVORCE

        06124/2004    §J Conversion Entry (9:00 AM)    (Judicial Officer: Sandoval, Charles F.)
                            MTN TO QUASHIMTN FOR PROTECTIVE ORDER

.,.     06124/2004
                      r--
                      W Conversion
                            RESPONSE TO MOT TO QUASH & FOR

        06124/2004    ~      Conversion
                            PROTECTIVE ORDER & MOT TO COMPEL

'I!'"   0612412004   Conversion
                            PRODUCTION OF MENTAL HEALTH RECDS

        0612412004    til Conversion
                        ORD FOR WID OF COUNSEL-SiGNED


-,.     06124/2004    WConversion
                        ORD DENY MIQUASII & COMPEL PROD-SIGNED

        06130/2004   Kl Conversion
                        SIR SUBP CATHY HEFLIN 6-24-04

        06/30/2004    ~      Conversion
1"                          SIR SUB} ALICIA TRW/LLIO 6-27-04


                      W Conversion
                      ~

        06/3012004
                            SIR SUB) CHARLES HALLUM 6-24-04


        06130/2004    9J Conversion
                            SIR SUB) DIANA BOONE 6-25-04

        06130/2004   Conversion
                            SIR SUB} ALICIA TRWILLIO 6-27-04



 ,.     07/02/2004    9J Conversion
                            AFFI BUS RECSI AT&T WIRELESS



                                                                 PAGE 6 OF 66                     Prill ted 011 0811212010   (l/   1'44 PM
                                                                   JUDGE'S

                                                         DOCKET SHEET
                                                         CASE No. 3805460603
I

~           07/06/2004    bJ Conversion
                               AFFD OF BUSINESS RECORDSITEX CHILD

            07/06/2004   Conversion
                               NEUROLOGYI

            07/06/2004   9J Conversion
                               AFFD OF BUSINESS RECORDSIPLANO PEDIATRICS

            07/06/2004   Conversion




-                         6J Conversion
            07106/2004
        I
                               AFFD OF BUSINESS RECORDS/CAROn YN

            07/06/2004   Conversion
                               ASHWORTH M                   R

            07/06/2004    QJ Conversion
                               AFFD OF BUSINESS RECORDSINORTH TEX

            07/06/2004   Conversion
                                EAR, NOSE & THROAT/S CARY
    I

    ."                    r--·
            07/06/2004    9J Conversion
                                AFFD OF BUSINESS RECORDS/PLANO ISD

            07/06/2004   Conversion


                               -.
                          9J Conversion
                          r~


                 2004
                                AFFD OF BUSINES RECORDS/PRINCE OF

            07/06/2004   Conversion
                                PEACE CHRISTIAN SCHOOUCHRISTIANA H CARY

            07/06/2004   Conversion




..
                                AFFD OF BUSINESS RECORDS/PRESBY

            07/06n004     ~ Conversion
    .'                          HOSPITAL OF DALLASIC H CARY - VOL I
                          ,_.
            07/06/2004    9J Conversion
                                AFFD OF BUSINESS RECORDS/PLANO ISD

,
...
            07/0612004   Conversion
                                ON
    J


            07/06/2004    9J Conversion
    I                           AFFD OF BUSINESS RECDS/PRINCE OF
    ~
            07/06/2004   Conversion
                                PEACE




                                                                 PAGE 7 OF 66   Prill ,ed 011 08//212010 01 1:44 PM
                                                         JUDGE'S

                                               DOCKET SHEET
                                               CASE No. 3805460603
      07/06/2004    !iJ Conversion
                      AFD OF BUSINESS RECDS/SANDY BU7TfNE

      07/06/2004   Conversion



      07/06/2004    {i1 Conversion
-,.                   AFD OF BUSINESS RECDS/KIDNETWORKS

      07/0612004   Conversion



      07/0612004    gJ Conversion
.,.                  AFFD OF BUS RECDS/PEDIATRIC OPTHAL

      07/06/2004   Conversion


.,.   07/0612004   9J Conversion
                      AFFD OF BUSI RECDS/GRACE PRESBY

      07/06/2004   Conversion
                     CHURCH/

      07/06/2004    "
                    gJ Conversion
                     AFFD OF BUSI RECDS/EASTER SEALS RE

      07/0612004   Conversion
                      HAB SERV OF GREAT DALLAS/S CARY

      07/0612004    til Conversion
                     AFFD OF BUSI RECDS/EASTER SEALS RE

      07/0612004   Conversion
                      HAB SER OF GREAT DALLAS/C H CARY


      07/0612004    KJ Conversion
                      AFFD OF BUSI REeDS/INFANT & TODDLER

      0710612004   Conversion
                      INTERVENTION PRO/SOPfIIA M CARY - VOL I


      0710612004    ~ Conversion
                      AFFD OF BUSI RECDSIST ANDREW UNITED

      07/06/2004   Conversion
                      MED CHURCH CHILDREN WEEKDA Y PROGR




 ,.
      07/06/2004   Conversion



           2004     9J Conversion
                      AFFD OF BUSI RECDS/ACUTE KIDS URGEN

      07/06/2004   Conversion
                      CARE/


                                                         PAGE 8 OF 66   Printed 011 OSI/ }IJntO at 1:44 PM
                                                             JUDGE'S

                                                       DOCKET SHEET
                                                       CASE No. 3805460603

...     07/06/2004    iii Conversion
                        AFFD OF BUSI RECDS/ST ANDREW METD

        07/06/2004   Conversion
                        CHURCH CHILDRENS'/


...     07/06/2004    9J Conversion
                        AFFD OF BUSI RECDS/INFINITE BOUNDS

        07/0612004   Conversion
~


        0710612004    WConversion
"":"                    AFFD OF BUSI RECDS/INFINITE BOUNDS

        07/0612004   Conversion



        07/06/2004    WConversion
                        AFFD OF BUSI RECDS/GRACE PRESBY

        07/06/2004   Conversion



        07/06/2004    WConversion
                       AFFD OF BUSI RCDS/PLANO PEDIATRICS

        07/06/2004   Conversion



        07/06/2004    li1 Conversion
                       AFFD OF BUSI RECDS/DEVELOPMENTAL

        07/06/2004   Conversion
                       PEDIATRICS SERV/

        07/06/2004    li1 Conversion
                       AFD OF BUSI RECDS/PETER SHERROD MD



- ,
        07/06/2004



        07/06/2004
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                      {iJ Conversion
                        AFFD OF BUSI REeDS/PETER SHERROD MD



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        07(06/2004   Conversion

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        07(06/2004    Ii) Conversion
                        NOTICE OF FILINGIDAVID F CARY

        07/06/2004    WAffidavit of Business Records
  ,..                   VOL 2



                                                            PAGE 9 OF 66     Prill led 011 0811 2I201D   (11   1:44 PM
                                                                                JUDGE'S

                                                                     DOCKET SHEET
                                                                     CASE    No. 3805460603
                     07/06/2004    QJ Affidavit
                                          VOL 2

                     07/06/2004    ~ Affidavit
                                          VOL 3


                                   iii Affidavit
.,.
                     07/06/2004
                                          VOL 4

                     07/07/2004    ~ Conversion
                                          NOTICE OF FILING

                     07/07/2004   9J COli version
                                          AFFI FOR BUS REC -HENRY !fEW UP



..   I
                     07/0712004



                     07/07/2004
                                  9J Conversion
                                          AFFI FOR BUS REC - LEWCO SECURITIES


                                  li1 Conversion
                                          AFFI FOR BUS REC - 12 TECHNOLOGIES

                                   r
                                  9J Conversion
 ...
 ,                   07/07/2004
 I                                        DECLARATlON FOR BUS REC - MORGAN ST
         ,
                     07/07/2004   Conversion
                                          BUS REC & AFF IN WINDOW SILL


                                  9J Conversion
                                   1---
                     07/0912004
                                          SIR SUBP LETY N PEREZ 07-m-04

                                   .-

 ..
                     07/0912004   9J Conversion
                                          SIR SUBP SUSAN MOSTY 07-07-04

         ,
                     07112/2004    {i) Conversion


 -
                                          MEDIATED SETTLEMENT AGREEMENT

                                   ,--
     .1
                     0711212004    9J Conversion
                                          SIR SUBP/CARRINE REILLYI7-9-04

 •           i
                     0711212004    ~ Conversion
                                          SIR SUBPIDR. MICHAEL GOTTLlEB170904

                     0711912004   COli version Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                                          JURY TRIAL

     ....
         I
                     0711912004   Conversion
         J                                ANN SETTLED - P/U BY FRIfJA Y RMVD

         I

         ~
                     07120/2004    QJ Conversion
                 J                        OFF CERT-PRESBY HOSP OF DALLAS $/326.08

                     0712112004    iii Conversion
                                          REPORT CERT-DA VlD CARY $/00945


                                                                               PAGE 100F66                Prillted on 08111nn/O at 1.44 PM
                                                                             JUDGE'S

                                                                  DOCKET SHEET
                                                                  CASE No. 3805460603

.,.              07122/2004     ~ Conversion
                                   CERT DEPOIDAV/D CANY SI()()9.45

                 0712212004     IiJ Conversion
                                   CERT DEPOIDAV/D CARY $483.20

                 07123/2004     {i] Conversion
                                  MOT TO WID AS COUNSEL FOR DA V/D

                 0712312004     Conversion
                                  CARY

                 07123/2004     9J Conversion
                                  ORDER TO WID SIGNED


....             07126/2004     Ii1 Letter
                                  to Judge from Mediator - all matter have been resolved


.,.              0811 0/2004    KJ Conversion
                                  CERT DEPOIASHLEY MARSHALL S160.45


.,.
 I
                 0811912004     ~ Conversion Entry (9:00 AM)
                                   DIC FOR ORDERS
                                                                  (Judicial Officer: Sandoval, Charles F.)




.,
     J




                 08/24/2004     9J Conversion
                                  CERT DEPOISUSAN MOSTY $372.00


..
~
                 0812412004      tiJ Conversion
                                   CERT DEPOIJENNIFER LYNN CARY 5434. 70

                 08124/2004      ~ Conversion
                                   CERT DEPOID/ANA BOONE $137.60
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.,.                              QJ Conversion
                 0812412004
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                                   CERT DEPOICATHY M. IIEFUN $591.40

                 08124/2004      WConversion
                                   CERT DEPOIJENNIFER LYNN CARY S1063.80
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     ,.          09108/2004      §J Conversion
                                   CERT DEPOIDIANA BOONE S171.50

                                 ,..-
                 09120/2004      9J Conversion

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                                   REPORTER CERT-CIIALRES HALLAM S489.00
         I

                 10101/2004     Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)

 ...                               DIC FOR-ORDERSQRDISMISS




     ,.
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                  1010 1/2004    ~ Conversion
                                   RESP'S INVENTORY & APPRAISMENT




     ..  --'
                                                                            PAGE II OF 66                    Prill ,ed Oil OSII2120/o 01 I :44 PM
                                                              JUDGE'S


~
                                                     DOCKET SHEET
                                                     CASE No. 3805460603
                         Conversion
.,..
           10/05/2004
                           DIC FOR ORDERS OR DISMISS RMVD

           10/05/2004    Conversion

.,..                        6 COPIES

           10105/2004    9J Conversion
.,.                         FINAL DECREE OF DIVORCE-SIGNED

           10/05/2004    Austin Form
                            Mailed on I {}-15-{}4

           10/15/2004    Conversion
                            DOCKETSlIEET

.,.        1012912004    9J Conversion
                            NOT OF ADDRESS CHANGE/JENNIFER CARY

           12121/2004    §J Conversion
                            NOT OF ADDRESS CHANGEIDA VE CARY

           04113/2005    Conversion
                            PET TO MOD PARICHD RELATIONSHIP


 ,.        04113/2005     9J Conversion
                            MOT FOR CLARIFICATION OF PRIOR ORD

I,         04/13/2005    Conversion
~                           REQUEST FOR CIT & TRO I NO SERVICE

           0411312005    Conversion
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                            ISS CIT & TRO RET TO BUCKET
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           04/13/2005    Conversion
                            AFFD 103- MATTHEW HILTON, VINDENT

           04/13/2005    Conversion
                            M STEVENS OR SCOTT HICKMAN

     It-   0411312005    Conversion
                            REQUEST FOR NOTICEINO SERVICE

     I
     w     04/13/2005    Conversion
     ,                      ISSUED NOT TO JULIO @FRONT COUNTER


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           04/13/2005     liJ Conversion
                            TROSGND

           04/1 ]/2005    !il Conversion
     ~                      RULE 103 ORDER-STMPD

           04/1 ]12005    £0 Conversion
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     J                      MMOT: PET TO MOD PCR


     ,..
     1
           04114/2005    Conversion
                           COPIES 12 PAGES



                                                             PAGE 12 OF 66
                                                                   JUDGE'S

.,..                                                     DOCKET SHEET
                                                         CASE    No. 3805460603
          04118/2005   {i] Conversion
                          SIR CIT. TRO&NOTDAV/D FCARY 41605 SI4().OO

          04122/2005    Qj Conversion
•                         RESP'S ORIG ANSWER TO MOTION FOR

          04122/2005   Conversion

•         04122/2005
                          CLARIFICATION OF PRIOR ORDER

                        WConversion
                          RESP'S ORIG ANSWER TO PET TO MODIFY

          0412212005   Conversion

.,.                     ,-
                          PAR-CHD RELATIONSHIP


                        9J Conversion
                          ORIG COUNTER-MOT FOR CLARIFICATION

          04/2212005   Conversion


 .,.
                          OF PRIOR ORDER

          04122/2005    WConversion
                          ORIG CTR-PET IN SAPCR

          04122/2005    §J Conversion
                          MOT TO DISMISS.ABATE OR CaNT MOT

          0412212005   Conversion
                          FOR CLARIFICATION OF PRIOR ORDER

          04/22/2005   Con version
                          AND MOTTO TRANSFER


 ,.       04/22/2005    BJ Conversion
                          MOT TO DISMISS,ABATE OR CaNT PET TO


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          04/22/2005   Conversion
                          MOD PIC RELATION & MOTTO TRANSFER

          0412612005   Conversion
  I                       AFFI RULE /03/ SEAN HOLLENBECK
  ~
          04126/2005    KJ Conversion
                          SIR SUBP, JENNIFER CARY, 41261(}5 S65.(}0

          04126/2005    9J Conversion
                          RULE 1(}3 STMP

          0412112005   Conversion Entry (9:00 AM) (judicial Officer: Sandoval, Charles F.)
                          MTN TO CLARIFY FINAL ORDERITRO

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  ,.
      I   0412112005   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          MIABATE MITRANI MIDISM MlCONT

          04/27/2005   Conversion
                          RESP'S 2ND SUPPLEMENTAL ORIG ANSWER


                                                                  PAGE IJ OF 66              Printed on (J811 212(J/(J at 1:44 PM
                                                             JUDGE'S

                                                    DOCKET SHEET
                                                    CASE No. 3805460603

       04n7/2005     Conversion
                           TO PET TO MODIFY PAR-CHD RELATION

       04n7/2005      WConversion
                        RES'S 2ND SUPPLEMENTAL ORIG ANSWER

       04n7/2005     Conversion
                           TO MOT FOR CLARIFICA TlON OF PRIOR

       O4n7/2005     Conversion
                        ORDER

       0412712005    {i] Conversion
.,.                        BRIEF IN SUPPORT OF 'MOT TO DISMISS

       O4n7/2005     Conversion
                        ABATE OR CONTINUE MOT FOR CLARI-

       04n7/2005     Conversion
                           FICATION OF PRIOR ORDER AND MOT

       O4n7l2005     Conversion
                           TO TRANSFER

                      ,-
       04/27/2005     9J Conversion
                        BRIEF IN SUPPORT OF "MOT TO DISMISS

       04n7/2005     Conversion
                        ABATE OR CONTINUE "PET TO MODIFY

       0412712005    Conversion
                           PAR-CHD RELATION AND MOTION TO

       04n 7/2 005   Conversion
                           TRANSFER

       04127/2005     WConversion
                        RESP'S 1ST SUPPLEMENTAL ORIG ANSWER

       04n7/2005     Conversion
                           TO PET TO MODIFY PAR-OlD RELATION

                      r-




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       04/27/2005     ~ Conversion
                       RULE II AGREEMENT

       O4n7l2005      9J Conversion
                        NOT APT DEP REPORT/JANIE LINDLEY

       04128/2005    Conversion
                           3 PAGES

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 .
       05/10/2005
                        AFFD CONTROVERTING MOT TO TRANSFER


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       05/11/2005    9J Conversion

                                                            PAGE 14 OF 66   Printed on 0811212010 at 1:44 PM
                                                                      JUDGE'S


."                                                         DOCKET SHEET
                                                           CASE No. 3805460603
                               SIR SU TO GLORIA JACKSON ()5()9()5
..,.
          06/07/2005     ~ Conversion
                               NOTOF FILING BUS REC·GLORIA JACKSO

          06/08/2005     iii Conversion

-
                               NOTICE OF FILING
                         ,....,
          0611012005     9J Conversion
                               MEDIATED SETTLEMENT AGREEMENT
..,.
          0611 0/2005    WConversion
.,.
                              AGRD ORD FOR PREP OR SS & PSYCH EVAL-SGN

          06113/2005     9J Conversion
.,.
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                         WConversion
                         r-;
          06113/2005


.,.
                             RULE II AGREEMENT

          06113/2005     !iJ Conversion
 ,.
                             MOT TO COMPEL PRODUCTION

          06113/2005     WConversion
                             MOT FOR CONTINUANCE

          06113/2005     WConversion
                             MOT TO ABATE. & SUBJECT THERETO.

          0611 3/2005   Conversion
                             MOT FOR TEMP ORDER


 ,.       0611312005     !iJ Conversion
                             SIR SUB BRYAN LANGLEY 06-13·0j


 .,.
  ,
          06113/2005
                         r
                         9J Conversion
                             MOT TO QUASH TESTIMONY OF DlANA

          06113/2005    Conversion
  ~                            HURTADO

          06115/2005     WConversion
                               TOWN OF ADDISON OBJ TO SUBP AND

          06115/2005    Conversion
                              -MOT FOR PROTECTIVE ORDER

          06/16/2005    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                               MTN TO TRANSFERlMTN EOR TEMP-ORDERS

          06116/2005     iii Conversion Entry (9:00 AM)    (Judicial Officer: Sandoval, Charles F.)
                             MOT FOR CLARIFICA TlON

      r   06116/2005    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)


                                                                    PAGE 150F66                       Prill/ed 011 (J811 Zl2(J[(J at 1:44 PM
                                                                  JUDGE'S

..,.                                                   DOCKET SHEET
                                                       CASE No. 3805460603
                        MTN TO COMPELlMTN FOR CONTIMTN TO ABATE

        06116/2005   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        MTN TO QUASH

        06116/2005    WConversion
                        SUPPLEMENTAL MOT TO QUASH TESTIMONY

        06116/2005   Conversion
                        OF DIANNA HURTADO

        06116/2005   Conversion
                        BRIEF IN SUPPORT OF MOT TO QUASH


.,.     06116/2005   Conversion
                        TESTIMONY OF DIANNA HURTADO

                      r:-
        06116/2005   QJ Conversion
 .,..                   BRIEF IN SUPPORT OF MOT TO TRANSFER

        06116/2005    lil Conversion
                        VERIFICATIONIL GUNNSTAKS

        06116/2005    ~ Conversion
                        MOT TO TRANSFER DAVID F CARY'S "MOT
 ~
        06/16/2005   Conversion
                        FOR ENFORCE OF ORDER BY CONTEMPT


 "      06116/2005
                      r--
                      QJ Conversion
                        MOT FOR ENFORCE OF ORDER BY CON TEMP

        06116/2005   Conversion
                        REQUEST FOR CITATION-NO SERVICE

 ~      06116/2005   Conversion
                        REQUEST FOR CITATION-NO SERVICE

        06116/2005   Conversion
                        ISS 2 ClTS RET TO FRONT


  ,..
  I
        06/16/2005   Conversion
                        MCON: MOTION FOR CONTEMPT



  .,.   06/2812005    WConversion
                        MOT TO CLARIFY PRIOR RULING &

        06/28/2005   Conversion
                        SUBJECT THERETO, MOT FOR FURTHER
 ~
        06/28/2005   Conversion
                        TEMP ORDS &IOR MOT FOR REHEARING

  'r
        07/06/2005   Q.J Conversion
                        MOTION TO SIGN TEMPORARY ORDERS




                                                                PAGE 16 OF 66              Prinledoll 0811 212M 0 01 1:44 PM
.,.
                                                                    JUDGE'S

                                                          DOCKET SHEET
                                                          CASE     No. 3805460603
       07107/2005   tiJ Conversion
~                               CERT OF OFF-LUKE GUNNSTAKES


                    WConversion
.,.    07/08/2005
                                SIR SUBP MARY GLASHEEN 06129105


       07/0812005   9J Conversion
..,.                            SIR SUBP LYNN MAGID 06129105


       07/08/2005   9J Conversion
                                SIR SUBP DIANNA HURTADO 06129105



.,.    07/0812005   ~ Conversion
                                1ST NOT OF INTENTION TO TAKE DEPO

       07/08/2005   Conversion
                      OF MARY GLASHEEN AIKIA BErry G

                    r
                    W Conversion
 .,.
                        o
                            ,


       07/08/2005
                                1ST NOT OF INTENTION TO TAKE DEPO

       07/08/2005   Conversion
                      OF LYNN MAGID


       07/08/2005   9.J Conversion
                                1ST NOT OF INTENTION TO TAKE DEPO

       07/08/2005   Conversion
                      0,.. mANNA IIURTADO


       07115/2005   9.J Conversion
                                MOT FOR ENTR Y OF ORO TO DISMISS

       07/15/2005   Conversion
                      ABATE OR CONTINUE PET TO MOD PCR

       07115/2005   Conversion
 .,.                  & MOT TO TRANS

       07115/2005   9J Conversion
                                MOT FOR ORD TO PET TO EXEC A UTH



 ,.    0711512005   Conversion
                       TO RELEASE INFO IN SAPCR


       07115/2005   WConversion
                                MOT FOR ENTRY ON ORO TO TRANSFER


       07115/2005   WConversion
                                ORO QUASH TESTOF DIANA HURTADO-SIGNED




 ,.                 9J Conversion
       0711512005
                                ORO DENY MTN FOR CONT-SIGNED




 ..
  I
                                                                   PAGE 17 OF 66    Pri/tled all 08/1 l/lM 0 at f:44 PM
                                                                    JUDGE'S

                                                          DOCKET SHEET


..
                                                          CASE No. 3805460603
                        9J Conversion
                        ~.


          07115/2005
                          ORO DENY MTN FOR CONT-SIGNED

          07/15/2005    9J Conversion
                          ORO ON RESP'S MTN ABATE-SIGNED

          0711512005    WLetter
                         from Judge to Attorneys - Final Hearing set December 12. 2(}(}5

          0711812005   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)


•
                          MTN FOR CLARIFICATION

          07118/2005   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          MTN TO SIGN TEMP ORDERS

•         0711812005   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          MTN TO SIGN/ET CET

          0711812005   Conversion
                          ORO ON MOT TO TRANSFER SGND

.,.       07118/2005    KJ Conversion
                          ORD ON MOT TO DISMISS ABATE OR CONT PET

          07118/2005    9J Conversion
                          TO MOD PIC REL & MOT TO TRANSFER SGND

          0711812005    <iJ Conversion
                          ORO MOT CLARIFICATION OF PRIOR ORO SGN

          0711912005    ~    Conversion
                          COPY-PETITION FOR WRIT OF MANDAMUS - PART I with APPENDIX A

i
,         0711912005   Conversion
~                         FILED WITfI COA/DALLAS



.,.       07119/2005    QJ Conversion
                          ORDER & MEMORANDUM OPINION/COA-DALLAS

          07119/2005    ~    Writ of Mandamus
                          PART 2 with APPENDICES Band C

          0711912005    9J Letter
                          COVER LETTER



,..       07/20/2005    9J Conversion
                          SIR SUBP 01' DIANNA HURTADO 7//4/(}5



    ,.    08/30/2005    9.:.1 Conversion
                          MOT TO SIGN TEMP ORDERS IN SUIT TO



    ,.    08/3012005    ~    Conversion
                          MODIFY PAR-CHD RELATIONSHIP



    ,..
    I
                                                                   PAGE 180F66               Printed Oil n81 121201 n 01 1044 PM
Primed   Oil   081f 212010   (l/   1:44 PM
                                                                     JUDGE'S

                                                           DOCKET SHEET
•                                                          CASE    No. 3805460603
         I 1/08/2005    Conversion
                           I CERT COpy DOCKET S/lEET

         I 1/09/2005    Conversion

...
                          DOCKET SHEET

         1111112005      9J Conversion
...      11111/2005
                           APPLICATION FOR EXPARTE TRO & ORD

                        Conversion


.,.
                          SErTlNG HEARING FOR TEMP ORDERS

         11/1 112005    Conversion
                          REQUEST FOR TRO-NO SERVICE

.,.      I 1/1 1/2005   Conversion
                          ISS TRO RETND TO FRONT COUNTER


.,.
I
         11111/2005     Conversion
                          REQUEST FOR NOTICE/NO SER VICE

         11111/2005     Conversion
                          ISS NOT RETND TO FRONT COUNTER

         I 1/1 1/2005   Conversion

.,.      11/1112005
                          COPIES 5 PAGES

                         9J Conversion
                           SPECIAL APPEARANCE REQ FOR JURY

         I 1111/2005    Conversion
                          TRIAL SUBJECT TO OBJECTIONS. RE-

         11111/2005     Conversion
                          SERVATJONS. EXCEPTIONS. AND

.,.      I III 112005   Conversion
                          CHALLENGES HEREIN

         11111/2005      §J Conversion
                           TRO-SIGNED


 .,.     11114/2005     Conversion
                          TRORMVD



 .,.
         1111612005     Conversion Entry (1 :30 PM) (Judicial Officer: Sandoval, Charles F.)
                          TRO/ALL OTHER MArTERS

         11/16/2005      9J Conversion
                           SIR C1T&NOTDAVID FCARY 11-14-055115.00

         I 1116/2005    Conversion
                          MOT T/DISMISS FOR LACK OF SUBJECT-

         I 1116/2005    Conversion


    ,.
                          MArTER JUDRISDICTION

         I 111 8/2005    9.J Letter

                                                                    PAGE 200F 66               Prln/ed 011 0811 Z/ZOI 0 a/ I :44 PM
                                                                      JUDGE'S

.,.                                                      DOCKET SHEET
                                                          CASE No. 3805460603


-
                         /0   Luke Gunstaks/rom Rick Rober/SOli wlcopy a/Order/or review

        11/21/2005     9J Conversion
                         RESP'S OBJ TO PET'S NOY 16.2005

        I 1/2112005   Conversion
                        PROP "ORDER" SUB TO TIlE COURT

.,.     I 1121/2005    KJ Conversion
                         ORD DENY MTN DISMISS & RMV TRO DATE-SGND


        1112112005     9J Conversion
                         ORDER-SIGNED

.,.     1112112005     BJ Letter
                         from Luke GUlIllstaks to Rick Robertson wi attached Order/or consideration

        11121/2005     §J Letter

.,.
                         to .Iudgefrom Christy Bradshaw, Child CtiS/ody Evaluator


        12/0112005     KJ Letter
                        from Barry Coakley (Psychologist)   10   Luke Gunnstaks

        12/0212005    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        TBC RMVD


        12/0212005     ~ Conversion
                         MTN FOR CONTINUANCE



 .,.    12/0212005     iii Conversion
                         ORD FOR CO NT-SIGNED

        12/0512005    Conversion
                        2 PAGES

        1213012005    Conversion
                        CERT COpy OF TEMP ORDERS - 9 PGS


        02116/2006     WConversion
                         ENTRY OF APPEARANCE

        0212012006              Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                      COil version



  .,.
                         JURY TRIAL RMVD


        02120/2006     9J Conversion
                         MOT FOR CONT & REQ FOR SCH ORDER




  ,.
        02/20/2006     9J Conversion
                         MOT FOR SANC PURSUANT TO RULE 13 OF

        02/20/2006    Con version
                         THE TEX RULE OF CIVIL PROCEDURE &

        02/20/2006    Conversion
                        CHAP I() OF CIVIL PRACTICE AND


                                                                     PAGE 21 OF 66                    Prill ted all 0811 J120tn at 1:44 PM
                                                                              JUDGE'S

..,.                                                           DOCKET SHEET
                                                               CASE         NO. 3805460603

..,.          02120/2006   Conversion
                                  REMEDIES CODE


.,.
,             02121/2006
                            r--'
                            W Conversion
                                  ORO DIVIDE STOCK OPTlONS(NEON) SGND


.,.           02121/2006    ~ Conversion
                                  ORD DIVIDE STOCK OPTIONS(FACTORY) SGND

              03/06/2006   [] Conversion
                                  SOCIAL STUDY


..,.
 ,
              0311412006   KJ Conversion
                                  IST NOT OF INTENT TO TA KE ORA L DEPO


.,.           03/14/2006   Conversion
                                  OF SUZANNE DAVID



.,.           03/1412006    ~ Conversion
                                  1ST NOT OF INTENT TO TAKE ORAL DEPO



 .,
 I
              03114/2006   Conversion
                                  OF JEANETTE MARIANI




..
                            r-·
              03114/2006    9J Conversion
                                  1ST NOT OF INTENT TO 7'AKEORAL DEPO
     •J

              03/14/2006   Conversion
                                  OF DR MARCY CRAIG

              0311412006   9J Conversion
     .,.
                                  1ST NOT OF INTENT TO TAKE ORAL DEPO

              03114/2006   Conversion
                                  OF LYNN MAGID

     .,..     03114/2006    9J Conversion
                            r~




                                  1ST NOT OF INTENT TO TAKE ORAL DEPO

     ...  I
              03/14/2006   Conversion
                                  OF DESIREE DANIELSON


     .,.      0311612006
                            r··
                            W Conversion


     ,.
                                  MOTION FOR PROTECTIVE ORDER

                            r
              03116/2006    QJ Conversion
                                  MOT TO QUASH & FOR PROTECTIVE ORO

     I        03124/2006   {i]    Letter
     'r

     ,.
                                from Barry Coakley (Psychologisl)   10   Rick Roberlson

              03127/2006   9J Conversion
                                SIR SUBP DESIREE DANIELSON 03115106


                                                                             PAGE 2? OF 66   p,.i/lled all 08/1 212nJn 01 1:44 Pt.!
                                                                  .JUDGE'S

                                                        DOCKET SHEET
                                                        CASE No. 3805460603

.,.      03127/2006   9J Conversion
                            SIR SUBP JEANETTE MARIANI 03113106

.,..     03/27/2006
                      r·
                      9J Conversion
                            SIR SUBP LYNN MA GID 031131()6


.,.      0312712006   ~ Conversion
                           SIR SUBP SUZANNE DAVID 03113106

         03127/2006   ~ Conversion
                           SIR SUBP DR MARCY CRAIG 031/3106


.,.      0312812006   ".
                      9J Conversion
                            NOT INT TITAKE DEPOIDR LAURE AMES


.,.      03128/2006
                      r··
                      9J Conversion
                           NOT INT TITAKE DEPOIDR LAURE AMES

         03/2812006   9J Conversion
                            NOT INT TITAKE DEPOIS WEATHERFORD


.,.      03128/2006   9J Conversion
                           NOT INT TITAKE DEPOIS WEATHERFORD

         03/28/2006   WConversion
                           NOT INT TITAKE DEPOIDIANN SLATON


.,.      0312812006   §.J Conversion
                           NOT INT TITAKE DEPOIDIANN SLATON


.,.      03128/2006   9J Conversion
                            NOT INT TITAKE DEPOIDAN QUILL



 ,..
                      r-·
         0312812006   9J Conversion
                           NOT INT TITAKE DEPOIDAN QUILL


 .,.
 I       03128/2006   Kl Conversion
                           NOT INT TfrAKE DEPOIC GONSALVES



  ,.     03128/2006   §J Conversion
                           NOT INT TITAKE DEPOI) PICKERING

         03128/2006   §J Conversion
                           NOT INT TITAKE DEPOI) PICKERING



 ,       03128/2006   iiJ .Conversion
                           2ND NOT INT TK DEPOIMARY GLASHEEN



  .,.
         03128/2006   ~ Conversion
                       AIKIA BETTER GLASHEEN




     -
     I
                                                                 PAGE 23 OF 66   Prillled 011 (}81121](JI()   (II   /'44 PM
                                                               JUOGE'S

.,..                                                DOCKET SHEET
                                                    CASE No. 3805460603

.,..   03128/2006   Conversion
                           3RD NOT INT TK DEPO/MARY GLASHEEN

       03128/2006   Conversion
                           A/KIA BEn'Y GLASHEEN

       03128/2006    9J Conversion
                           NOT INT TO TAKE DEPOIDAVID QUILL

       03128/2006    WConversion
•                          NOT INT TO TAKE DEPOIlJAVID QUILL

       03128/2006    QJ Conversion
                           NOT INT TO TAKE DEPOIKRISTY MARTIN



.,.    03128/2006    ~ Conversion
                           NOT INT TO TAKE DEPOIKRISTY MARTIN

       03128/2006    WConversion
                           NOT INT TO TAKE DEPOIBONITA SMITH

       0312812006    {iJ Conversion
                           NOT INT TO TAKE DEPOIBONITA SMITH

       03129/2006    WConversion

"
                           2ND NOT OF INTENT TO TAKE DEPO OF



,.
       03129/2006   Conversion
                       SUZANNE DAVID

       03129/2006    WConversion
.,.                        RULE II AGREEMENT

       04/04/2006    WConversion
 ,.
 I
 \

       04/05/2006
                           SECOND AMENDED PET TO MODIFY


                     BJ Conversion
                           RULE II AGREEMENT

       0410612006    WConversion
 ,..
                           NOT OF INTENTION TO TAKE ORAL DEPO

       04/0612006   Conversion
                           OF DR LAURIE AMES

                     ,--
       04/06/2006    9J Conversion
                           NOT OF INTENTION TO TAKE ORAL DEPO


 r     04/0612006   Conversion
                           OF DR LAURIE AMES


 ,..   04110/2006    9J Conversion
                           MOT TO QUASH AND FOR PROT ORDER


                                                           PAGE 240F 66   Pri"/,,d   011   nSI' H2()' () 01 ':44 PM
                                                                  JUDGE'S

.,.                                                    DOCKET SHEET
                                                        CASE No. 3805460603

           04110/2006    £iJ Conversion
                                 NOTICE OF FILING


           04110/2006    [J Conversion
                             AGO SCH ORO AS TO 5/8/6 TRIAL SGND


           04111/2006   WConversion
                             MTN TO COMPEL ATTENDANCE AT DEPO

           0411112006   Conversion
                          & MTN FOR SANCTIONS


           04111/2006   W Conversion
                             NOT OF INTENT TAKE DEPO OF MARY


.,.        0411112006   Conversion
                          GLASHEEN A/K/A BETTY GLASHEEN


           04111/2006   iii Conversion
"T'                         S/R-SUB/MARY GLASHEEN


           0411112006   "
                        QJ Conversion
."                           SIR-SUB/MARY GLASHEEN


                        9J Conversion
                        ...--0
           04112/2006
.,..                         MOT TO COMPEL A TTEDANCE AT DEPO AND

           04/12/2006   Conversion
                          MOT FOR SANCTIONS-ROBERT BAXTER
"'J"
           0411212006   WConversion
                                     TO COMPEL A1TENDANCE AT DEPO &
.,..
                             MOT

           04112/2006   Conversion
                          MOT FOR SANCTIONS-ROB KELTON


           0411212006   9J Conversion
                             MOT TO COMPEL ATTENDANCE AT DEPO &
 I
 II]-      04112/2006   Conversion



 ,.
                          MOT FOR SANCTIONS-HARRIETE CLARK


           0411212006    ~ Conversion
                             SUBP REQ APPEAR ATCOURT HEARING

           04112/2006   Conversion
                          f1ARRIETTE CLARK



 ,.        04/12/2006   9.J Conversion
                             ROBERT BAXTER



     ,..   0411212006   W Conversion


 ,.
                             ROB KELTON



                                                              PAGE 25 OF 66   Printed 011 081121l0Jn a/ 1:44 PM
                                                            JUDGE'S

.,.                                                   DOCKET SHEET
                                                      CASE No. 3805460603

.,.      04/1 2/2006   9J Conversion
                          NOT OF INTENTION TO TAKE ORAL DEPO

..,..    04/1 2/2006
                        r--
                       9J Conversion
                          OF ROB KELTON


         04/12/2006    9J Conversion
                          NOT OF INTENTION TO TAKE ORAL DEPO


         04/1212006    QJ Conversion
                          OF HARRIElTE CLARK


.,.      04/1212006    "
                       9J Conversion
                          NOT OF INTENTION TO TAKE ORAL DEPO


         04112/2006    WConversion
                          OF ROBERT BAXTER

         04/1 2/2006   Conversion
 'T                       SUBP REQ APPEARANCE AT COURT HEARIN



 .,.     04/1 2/2006   {i] Conversion
                          ROB KELTON



.,.      04/12/2006     WConversion
                          ROBERT BAXTER




 -  J
         04112/2006     9.:.1 Conversion
                          HARIElTE CLARK



 .,.
         0411212006    Conversion
                          NOT OF INTENT TO TAKE DEPO OF

         04112/2006    Conversion

  .,.    04/12/2006
                          HARRIElTE CLARK

                       Conversion


  .,.
                          NOT OF INTENT TO TAKE DEPO OF

         04112/2006    Conversion
                              HARRIETEE CLARK

         04/12/2006    Conversion




  ,.
                              NOT OF INTENT TO TAKE DEPO


         0411212006    Conversion
                              ROB KELTON



   ,..
         04/12/2006    Conversion
                          NOT OF INTENT OT TAKE DEPO-R BAXTER


         04/13/2006     ~ Conversion
                              MOT TO COMPEL DISCOVERY AND FOR
   ~


                                                           PAGE 26 OF 66    Printed all 0811 112010 01 1:44 PM
   T
.,.
                                                               JUOGE'S

                                                     DOCKET SHEET
                                                     CASE    No. 3805460603

.,.   04113/2006   Conversion
                     SANCTIONS

      0411712006   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                     MTN TO COMPEL DEPOS/SANCTIONS
-r
      04117/2006   WConversion
                     SUP MOT TO COM ATTENDANCE AT DEPO
-r    04117/2006   Conversion


.,.
                     & AT HEARING & SUP MOT FOR SANCS


      04117/2006   WConversion
.,
                     SUP MOT TO COM ATTEND AT DEPO & AT

      0411712006   Conversion
                     HEARING & SUP MOT FOR SANCS

.,.   04117/2006   9J Conversion
                     SUP MOT TO COM A TTEND AT DEPO & AT



 -r   0411712006   Conversion




 .,
                     HEAR & SUP MOT FOR SANCS


      04117/2006    BJ Conversion
                     SUP MOTTO COM ATTENDATDEPO & AT

      0411712006   Conversion
                     HEAR & SUP MOT FOR SANCS


      04117/2006   9J Conversion
                      MTN FOR PROT ORDER
 ~
      04/17/2006    WConversion
                      BETTY GLASHEEN'S SUPPLEMENTAL MOT




                                                                                         Prill/ed   011   08/1 212010   (1/   1:44 PM
                                                                     JUDGE'S

..,..                                                       DOCKET SHEET
                                                         CASE No. 3805460603

.,.
                                 NOTOF INTENTION TO TAKE DEPO OF DR

            04118/2006    Conversion
                                 SUSAN ISTRE

....        04/21/2006    iii Conversion
                                 MTN TO QUASH NOT OF DEPO OF BETTY

.,.         0412 1/2006   ru Conversion
                           t o .-.



                                 GLASHEEN & MTN FOR PO

            04125/2006    9J Conversion
                                 3RD NOT OF INTENTION TO TAKE ORAL

            04/2512006    Conversion
                                 DEPO OF DR SUSAN ISTRE


 .,.        04125/2006    !i1 Conversion
                                4TH NOT OF INTENTION TO TAKE ORAL

            04/25/2006    Conversion
                                 DEPO OF DR SUSAN ISTRE

            04126/2006     WConversion
 ..,.
  I
                                 MOTFORCONT

            04/26/2006     9J Conversion
                                ADDITIONAL INFORMATION

            0412812006     iii Conversion
                                 3RD AMENDED PET TO MOD PIC REL



 ,.                       9J Conversion
            04128/2006
                                4TH AMEND PET TO MOD PCR

            04128/2006     {iJ Conversion
                                MOTION TO RECUSE JUDGE

            05/01/2006    Conversion
                                 CIC OF MTN TO RECUSE JUDGEI7 SETS




      -
            05103/2006    Conversion
                                 COPIES 26 PAGES

        I   0510312006    §J Conversion
                                 SIR SUBP, ROB KELTON. 4128106

            05/03/2006     iii Conversion
                                 SIR SUBP, BONITA SMITH. 4128106

            0510312006     {iJ Conversion
                                 SIR SUBP, MARILYN AARON, 4128106

            05103/2006    9J Conversion

                                                                    PAGE 28 OF 66   Printed on n81J2I1()In   al   1:44 PM
.,.
                                                               JUDGE'S

                                                    DOCKET SHEET
                                                    CASE No. 3805460603
                        SIR SUBP, DIANA HURTADO, 41281(}6

      05103/2006   !iJ Conversion
..,   0510312006
                        SIR SUBP, STEPHANIE WEATHERFORD,

                   Conversion
                     4128106

                   9J Conversion
                   r-
      05103/2006
                        SIR SUBP, JOYCE PICKERING, 5121(}6

      05/03/2006   ~ Conversion
                        SIR SUBP, DIANA FUNK, 5121(}6

      05/03/2006   9J Conversion

.,
                        SIR SUBP, SANDRA BUITINE, 5/2106

      05103/2006   9J Conversion

.,
                        SIR SUBP, HARRIEn'CLARK, 512106
 I
      05103/2006   9J Conversion
                        SIR SUBP, BEn'Y GLASHEEN, 512106

      05/03/2006   9J COil version
                        MOTISANCTIONS TO EXCLUDE EVIDENCE

      05103/2006   Conversion
                     AND MOTICON7'

      05104/2006   il Conversion
                        MOTION FOR CONTINUANCE


.,
 I    05104/2006   ~ Conversion
                        MOTIREQ CRT RCNSOR MOTID/SMSS

      0510412006   9J Conversion
                        RSEP'S MOTIDISMISS PETS MOTISANCTNS

      05104/2006   {i] Conversion
                        NOTICE OF FILING

      05/0412006   gj Conversion
                        SIR SUBP, JUDGE C SANDOVAL, 514106

      0510412006   9J Conversion
                        SIR SUB?, JUDGE C SANDOVAL, 514106

      05/04/2006   9J Conversion
                        SIR SUBP, JUDGE C SANDOVAL. 5141(}6

      05/04/2006   9J COil version


 ,
                        EMERG MOT TO QUASH & FOR PROTECTIVE



                                                              PAGE 29 OF 66   Prill/I'd Oil n81121!nln   Of   1:44 PM
-
                                                                  JUDGE'S

                                                       DOCKET SHEET
                                                       CASE NO. 3805460603


-      05104/2006   Conversion
                      ORD, & OBJ TO SUBP AS DT



-      05104/2006    WConversion
                       SIR SUBP DU TEC-NANCY MCANN 5/4/06



-      05/0412006    fi] Conversion
                       SIR SUBP DU TEC DR J HOLT 0510/106


...    0510412006    {i] Conversion
                       SIR SUB? DU TEC-JACK SAVAGE 4128106


...    05/0412006    {iJ Conversion
                       SIR SUBP DU TEC-BARRY COAKLEY 42806

       0510412006    9J Conversion
                       SIR SUBP DU TEC-DR LAMES 05104106


.,.    05104/2006    QJ Conversion
                       JUDGE MAR/LEA LEWIS'OBJECTTOSUB

       05104/2006    WConversion
~                      & MTN FOR PROT ORDER


       05104/2006    9J Conversion
                       SUP EMERGENCY MOT TO QUASH & FOR

       05/0412006   Conversion

•                     PO, & OBJECTIONS TO SUB DUCES TEC



.,.    05104/2006    9J Letter
                      from Barry Coakley (Psychologist) to Lllke Gllnflstaks


       05105/2006    9J Conversion
                       CERT DEPOIJEANETTE MARIANI U77.80



 .,.                 {i] Conversion
       05105/2006
 !                     CERT DEPOIDR. MARCY L. CRAIG $242.60

       05/05/2006    !iJ Conversion
                       SIR SUBP, CAROL BROCK, 513/06

       0510512006    ~ Conversion
                       JENNIFER LYNN CARY'S WITNESS LIST

                     ,-

 ,.
       05105/2006    9J Conversion
                       RESP'S SUPPL MOT TO RECUSE JUDGE

       05108/2006   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                      JUR Y TRIAL (RESET)

       05/08/2006   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)


                                                                PAGE 30 OF 66             Printed 011 081121201() nI   1:44   PM
                                                                    JUDGE'S

..,.                                                     DOCKET SHEET
                                                         CASE NO. 3805460603

.,.
                             MTN TO QUASH (T&Kj(SUPPLEMENTAL MTN)

          05108/2006   Conversion Entry (8:30 AM) (Judicial Officer: Sandoval, Charles F.)
                             MTN TO RECUSE

          05/08/2006   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                             MTN FOR PO (JUDGE LEWIS)


-         05/08/2006   {i] Conversion
                             P'OBJ TO AND MTN TO EXCLUDE UNDISC


•         0510812006   Conversion
                             WITNESSES


 ..,.     0510812006   {ij Conversion


...
                          ORO GRANT MTN FOR CONT·SIGNED

          0510812006   §J Conversion
                          ORD DENYING MOT TO RECUSE JUDGE SGND

          0511612006    WConversion
                             CERT DEPOILYNN H MAGID $317.40


 .,.
                        r·
 I
          05/16/2006   9J Conversion
                             CERT DEPOILYNN H MAGID $1423.00

          05116/2006   9J Conversion
                             CERT DEPOIDESIREE DANIELSON $266.80



 .,.      05116/2006   9J Conversion
                             CERT DEPOIDESIREE DANIELSON $252.20

          05116/2006   W Conversion
                             CERT DEPOIJOYCE PICKERING $388.60

          05116/2006   9J Conversion
                             CERT DEPOIROBERT K BAXTER $172.80



 ,.       0511612006   WConversion
                             CERT DEPOIJOYCE PICKERING $242.80

          05/16/2006   §J Conversion
     ".                      CERT DEPOISTEPANIE WEATIfERFORD $979.10

          0511612006    WConversion
     ~                       DEPO·STACY STINE $54(}.OO

          05117/2006   Conversion
                             ClC OF MTN TORECUSEI2SETS

          05117/2006   QJ Conversion
                             MOT FOR SUB OF COUNSEL

     r

     -
     ,                                                            PAGE 31 OF 66              Prilller/Oll 0811212010([11:44 PM
                                                                JUDGE'S

                                                          DOCKET SHEET
                                                          CASE NO. 3805460603
                        9J Conversion
                        r-~'

          0511 712006
                               ORD FOR SUB OF COUNSEL-SIGNED

                        r:
          05130/2006    9J Conversion
                               INFOIAITACH TO SOCIAL STUDY REPORT



..        0610212006    !iJ Conversion
                               MOT FOR ADD'L TEMP ORD

          06/02/2006    KJ Conversion
                               SIR SU JOYCE PICKERING 050106

          06/0212006    9J Conversion
.,..                           SIR SU STEPHANIE WEATHERFORD 050106

          06/02/2006    9J Conversion
                              SIR SU MARY GLASHEEN 050106

                        !i1 Conversion
,..
          06/02/2006
                              SIR SU ROBERT BAXTER 050106

                        9J Conversion
,..
          06/0212006
                              SIR SU DAN QUILL 050/06

          06/0212006    BJ Conversion
-         06/02/2006
                               SIR SU HARRIEITE CLARK 050106

                        9J Conversion
,..                           SIR UNEX COA KLEY REFUSED SVC 050/06


                        9J Conversion
                        r"-'
          06/02/2006
                              SIR SU CHRISTY BRADSHAW 050106

          06/02/2006    9J Conversion
                              SIR SU JUDGE LEWIS 050106
 \-
          06/02/2006    9J Conversion
 I
                              SIR SU KRISTY MARTIN 050206
 ~
 I
          06/0212006    i] Conversion

 -
                               SIR SU DAVID WASSERMAN 050506
                            ....
                        9J Conversion
                        (

          06/02/2006
                               SIR SU LYNN MAGID 050306

 r        06/02/2006    9J Conversion
                               SlR.SU LYNN MAGIN 050306
     ~

                        §J Conversion
     I
          06/06/2006
                               4TH NOT OF INTENT TO TAKE DEPO OF

     r-
                                                               PAGE 32 OF 66    Prinled Olt 0811 1120 10 al 1:44 PM
                                                                        JUDGE'S

                                                             DOCKET SHEET
                                                             CASE No. 3805460603


-,           07/03/2006     {ij Conversion
                              AMENDED CERT DEPOIKRISTIN MARTIN

"-
 I
             07/07/2006     tiJ Conversion
                              RULE J I AGREEMENT

.,.          07/0712006     WConversion
                              ORIG COUNTER-PET TO MOD PCR

             07/07/2006     §J Conversion
                              AGD SCHEDULING ORDER SGND

.,.          0711 012006    WConversion
                              R'S 1ST AMENDED MOTIDISMISS P'S MOT


,.           0711 0/2006   Conversion
                             FISNCTNS FOR LACK OF SUBlCT-MATTER

             0711 0/2006   Conversion
                             lURJD. & SUBJ THERETO. R'S ORIGINL



,.
             0711 012006   Conversion
                             ANSWER. SPEC DENIALS, & AFFIRM DEF

             0711 0/2006   Conversion
                             TIP'S MOT FlSNCTNS. ETc...

             07111/2006    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                             JUR Y TRIAL RMVD


T            0711112006     WConversion
                              RULE II AGREEMENT

             0711112006     {i] Conversion
                              RULE II LETTER AGREEMENT


 j"          0711112006     WConversion

 -
                              PARTIAL MEDIATED SETTLEMENT AGRMENT


 1
             07/1 112006    9J Conversion
                              MOTION FOR CONTINUANCE

             07112/2006     9J Conversion
                              SR SUBP SANDRA BUTTIN£ 711016


     j
             07112/2006     QJ Conversion
                              SR SUBP BETSY STERNS 71716

             0711212006     9J Conversion
     :r

     -
                              SR SUBP LAURIE AMES 71716

             0711212006     ~ Conversion
         )




     ~                                                                 PAGE 34 OF 66             Prillled on 0811212010 (II /'44 PM
.,.
                                                                    JUDGE'S
I

                                                              DOCKET SHEET
                                                              CASE No. 3805460603
                                  SR SUBP ROB KELTON 7/7/6

                07112/2006   §J Conversion
                                  SR SUBP JOYCE PICKERING 7/7/6

                0711212006   {i] Conversion
                                  SR SUBP NANCY MCCANN 7/7/6
'.,.                         ,-
                07/1212006   ~ Conversion
                                  SR SUBP CAROL BROCK 7/716


                             iii Conversion

-
                0711212006
                               SR SUBP BONITA SMITH 7/7/6


                             9J Conversion
        I
                0711212006

.,. I
                               SR SUBP MARILYN AARON 7/716

                07112/2006   9J Conversion
                               SR SUBP OAK HILL ACADEMY 7/7/6

                0711212006   QJ Conversion
                               SR SUBP JACK SAVAGE 7/716

                0711212006   9J Conversion
                               SR SUBP DIANE FUNK 7/1(}/6
I
\
'j
                0711212006   ~ Conversion
                               SR SUBP STEPHANIE WEATHERFORD 7/7/6

                0711212006   9J Conversion
                                  SR SUBP BETTY GLASHEEN 7/7/6

                0711212006   9.J Conversion
    ,.
                                  SR SUBP DIANA HURTADO 7/616

                0711812006   9J Conversion
                                  SR SUBP DR PEGGY MCMILLAN 7/716


                0711812006   9J Conversion

        ,.
                                  SR SUBP JEANETTE MARIANA 711216


                07118/2006   9J Conversion
                                  SR SUBP DEBORAH LAZA 711117

                07120/2006   Conversion
        j
                                  VACATION LETTER


                              gj Conversion
        •   I
                08117/2006
                                  DEPO-JENNIFER LYNN CARY S3n8.8n


                08/2212006    9J Conversion
        j


        ,
                                  SOCIAL STUDY ADDENDUM-CARYCHILDR£N

                                                                                    Prill ted 011 flBII 112f11f1 at 1-44 PM
                                                                    PAGE35 OF 66
..
I
I
                                                                  JUDGE'S

                                                          DOCKET SHEET



-
                                                          CASE   No. 3805460603
I

            0812212006    9J Conversion

,.
                              VACATION LETTER-CARY CHILDREN


            0812412006    §J Conversion
                              5T11 NOT OF INTENTION TO TAKE DEPOS

            0812412006   Conversion




.
                           OF JENNIFER LYNN CARY


            08/2412006   "
                         BJ Conversion

,.
                              5TH NOTOF INTENTION TO TAKE DEPOS

            08124/2006   Conversion
                           DU TEC OF JENNIFER L CARY


            08124/2006   WConversion

,.
    ~                         NOTICE OF INTENTION TO TAKE DEPO

            08124/2006   Conversion
                           OF JACK SAVAGE


            08/31/2006   ~ Conversion
    :..                       NOT OF INTENT TO TAKE DEPOSITION OF




,.
    1

            0813112006   Conversion
I
                           .JACK SAVAGE




,.
            09/0512006   {i] Conversion
                              NOTIINTENTIDEPO CHRISTY SCHMIDT


            09121/2006   QJ Conversion

    ...
                              MOT TO WID OF COUNSEL

                         r-
    I
            0912512006   BJ Conversion
                              RESP'S 2ND SUPPL WITNESS LIST

    r       0912512006   §J Conversion


    -
                              RESP'S SUPPL WITNESS LIST


    J       09125/2006   {iJ Conversion
                              STATE OF TX SUBP DT REQ ARRP AT


    ',-     09125/2006   Conversion
                           COURT HEARING


        ~
        I
            09125/2006    §J Conversion
                              RESP'S 2ND SUPPL LIST OF ANTICIPAT-


            09125/2006   Conversion
        j                  ED WITNESSES AND ANTICIPATED EXH


            09125/2006    9J Conversion
                              RESP SUPPL LIST OF ANTICIPATED


                                                                                  Prin/ed on ()811211()ln   (II   1044 PM
                                                                 PAGE 36 OF 66
-                                                                    JUDGE'S

                                                          DOCKET SHEET
                                                           CASE    No. 3805460603

...       09/25/2006    Conversion
                             WITNESSES AND ANTICIPATED EXH


-         0912712006     9J Conversion
                         ,--:~




                             NOT OF DISMISSAL OF MOT TO WID


-         09128/2006    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                             MTN TO WIDRAW RMVD

          10/02/2006     iii Conversion
                            MOT FOR PRE-TRIAL CONF

          1010412006     {i] Conversion
'.,.                        MOTION TIEXCLUDE OR LIMIT TESTIMONY

          10113/2006     i;i) Conversion
                            JENNIFER CARY'S WITNESS LIST

          1011 3/2006   §J Conversion
.,..                        MTN TO EXCLUDE OR LIMIT TESTIMONY

          10/1312006    Conversion
                            AND EVIDENCE

          10/13/2006     ~ Conversion

--,
                            MTN TO COMPEL & MTN FOR SANCTIONS

          1011)/2006     9J Conversion
..,.                        SUPPLEMENTAL C-PET TO MOD SAPCR




-
          10118/2006    9J Conversion
                            SIR-SUB DTIJACK SAVAGEIJ()-12-06

          10/1812006    §J Conversion
 .,.                        SIR-SUBDTIJEANETTE MARIANIIIO-12-()6

                        Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
          10119/2006


 .,.
                            INFORMAL PRETRIAL HEARING

          10119/2006     <i1 Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
                            MOT RECONSIDER/MOT DISM (AMENDED)
 I


 ~        1011912006    Conversion Entry (9:30 AM) (Judicial Officer: Sandoval, Charles F.)
                            MOT COMPEUMOT EXCL

          1011 912006    QJ Conversion
                             EMERGENCY MOT TO QUASH & FOR PROT

     ,.   10/19/2006    Conversion
                            ORDER & OBJECT TO SU DUCES TECUM

          10/19/2006     W Conversion
                             PET'S RESP TP MOT TO DISMISS FOR


     ,.                                                            PAGE.17 OF 66                   Printed all 0811212010 III 1:44 PM
.,.
                                                                     JUDGE'S

                                                         DOCKET SHEET
                                                         CASE    No. 3805460603

         10119/2006    Conversion
                              LACK OF SUBJECT MArTER JUR/SDIC


.,.      10119/2006     9J Conversion
                              SIR FAXED SU DT DR COAKLEY 10/706


.,.      10/19/2006     9J Conversion
                              R'S RESPONSE TO P'S MOT TO COMPEL

         10/19/2006    Conversion
~                             DISCOVERY & FOR SANCTIONS



.,.                    9J Conversion
                        '-'
         10119/2006
                          NOTOF FILING A7TY BILLING STATEMNT


                       9J Conversion
.,.
,        10/1912006
I
                          RESPONSE TO MOT TO EXCLUDE OR LIMIT



.,.
         1011912006    Conversion
                          TESTIMONY

         1011 9/2006   ~ Letter
.,.      10120/2006    WConversion
                          SIR-SUB DTID/ANA If UI? TA DOlI 0-17-06

'T       1012012006    9J Conversion
                          SIR-SUB DTISANDRA BU7TINEI/o-17-06

.,.      1012012006    ~ Conversion
                          SIR-SUB DTIBETSY STERNSII0-17·06

... 1
         1012012006
                        r-:
                       9J Conversion
                          SIR-SUB DTISTEPHANIE WEATHERFORDI

         1012012006    Conversion
                              10-16-06



    -
    J
         1012012006     WConversion
                          SIR-SUB DTIBETTY GLASHEENII0·16-06

         1012012006    9J Conversion
                          SIR-SUB DTIMARILYN AARONIIO·16-06


    ,.   10120/2006     9J Subpoena Return - Not DC Issued
                              Bonita Smith /0-16·06

         10120/2006     Q Subpoena Return - Not DC Issued
                              Dr. Laurie Ames 10·16·06

         10123/2006    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          JURY TRIAL OR TBe
    j

                                                                    PAGE 38 OF 66            Printed Oil (1811 112()/() (1/ 1:44 PM
    ~
     10f30n006    9J Conversion
                    SIR SUBP. JENNIFER FRIESEN. 1(J/18/6

     11/03/2006   9J Conversion
                    REQ/FiNDINGS FACT & CC LAW #1


     11/03/2006   ~ Conversion
'j                   REQ FF&CCL ON PERIODS-POSSESSION

     11106/2006   Conversion
                     REQ FOR FOF & COL-SGND

     11/06/2006   Conversion
                     REQ FOF & COL ON PERIODS OF POSSES-SGND



                                                           PAGE 39 OF 66   Prill ted all OSII21]OlO at 1:44 PM
,
.,.
                                                                  JUDGE'S

                                                          DOCKET SHEET
                                                          CASE NO. 3805460603


-      11/08/2006



       11/14/2006
                      "
                      9J Conversion
                        AMENDED DEPO-BONITA SMITH

                     Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        DIC FOR ORDERS

       1111512006     ~ Correspondence
.,.                     Courr Hearing

                      liJ Conversion
.,.
       11117/2006
                        NOT OF ADDRESS CHANGE/JENNIFER

       1112712006    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        DIC FOR ORDERS OR DISMISS

       1112712006     iii Conversion
.,.    12/01/2006
                        MTN FOR ENTRY OF FINAL ORD OF MOD

                     Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)


.,.
                        MTN FOR ENTRY

       12/0112006     9J Conversion
                        OBJECTION TO COURT ENTERING ORDER

.,.
.,
       12/0112006    Conversion
                        CONTRARY TO MEDIATED SETTLEMENT

       I 2/0112006   Conversion
                        AGREEMENT OF JULY II, 2006

       12/0112006    iii Conversion

.,
                        ORD ON OBJECT TO COURT ENTERING ORDER

       12/0112006    Conversion
                       CONTRARY TO STMNT AGRMT OF 7-11-06/SG



 .,.                  iJ Conversion
       1210112006
                        FINAL ORDER OF MODIFICATION-SGND



 ,.    12/0412006     {ij Address Change
                        Party: Petitioner Cary, David F




 ,.
 I



       12/0812006    Conversion
                        DCKETSHEET




 ,.                   {i] Correspondence
       12113/2006
                        Empl Change-Dave Cary


  I
       01108/2007     iii Conversion
  I                     ORAL & VIDEO DEPO-JACK SAVAGE.IR $1222.60
 ~
 J                   Conversion
       01123/2007
                        ORIG PET TO MOD CHD SUPP IN SAPCR

       0112)/2007    Conversion



                                                                PAGE 40 OF 66              Primed 0" 081121201001 1:44 PM
                                                                  JUDGE'S



-                                                        DOCKET SHEET



-
I
                                                         CASE NO. 3805460603
                             AND MOT TO TRANSFER

              01/23/2007   Conversion



-
                              REQUEST FOR CITATION-NO SERVICE

              01/23/2007   Conversion



..
                              ISS CIT RET TO BUCKET

              0112312007   WConversion
                             MMOT: MOTION TO MODIFY

              01125/2007    WConversion
                              TRCP RULE 106 MOT FOR ALT SVC

              0112512007   §j Conversion
                             AFFD-DONNA MOWERS


;..
    ,
              01125/2007   QJ Conversion
                              ORO FOR ALTERNATIVE SERVICE-SGND·

              01/25/2007   Conversion
                              1(}30RDER-STMPD



.,.           01/31/2007    WConversion
                              PET'S MOT FOR APP OF RECEIVER

              0113112007    gj Conversion
                             ARTICLES OF ORGANIZATION OF

              01/3112007   Conversion
                             ARGONAUT PROPERTY MANAGEMENTLLC




..
              01/31/2007   Conversion
                              28 PAGES

    I
              01131/2007   Conversion
                              3 CERT

T             01/)1/2007    9J Conversion
.,
                              ORO APPOINTING RECEIVER SGND

              02/01/2007    9J Conversion
                              OATH OF RECEIVER

              02/0212007    9J Conversion
                              SIR CIT/JENNIFER CAREYI/-26-07 $65.00


    j         02/05/2007    WLetter
                             pom Israel Susler

    ... ..I
              02/1412007    WConversion
                              R'S JENNIER CARY ORIG ANS TO ORIG

    .,.       02/1412007   Conversion
                              PET TO MOD CIS IN SAPCR


                                                                  PAGE410F66   Primed all 0811 112f11f1 (1/ 1:44 PM
-
                                                                     JUDGE'S


,                                                         DOCKET SHEET
                                                          CASE No. 3805460603

           02/14/2007   Conversion




-
                           AFFI CONTROVERTING MOT TO TRANSFER

           0211612007    9J Notice
                           a/Setting by the Court



-          02/16/2007    QJ Notice
                           a/Hearing


.,.        0211612007   !iJ Correspondence
                          from Koons Fuller


.,.        OJ/05/2007   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                           MTN TO TRANSFER




-
           03/0512007   9J Conversion
    }
                           BRIEF IN SUPPORT OF MOT TO TRANSFER

           03/05/2007    ~ Conversion
                           BRIEF IN SUPPORT OF RESP'S REQ TO



,.         03/05/2007   Conversion
                           DISMISS PET'S MOD & MOT TO TRANS

           03/05/2007    {iJ Conversion
.,.                        ORD ON MOT FOR TRANSFER-DENIED SGND

           03/05/2007    {i] Letter
                           Party: Receiver Bernstein, Michael S


           0310512007    WLetter
                           Party: Receiver Bernstein, Michael S


           03/08/2007   - QJ Conversion
                           COPY-PETITION FOR WRIT OF MANDAMUS

           03/09/2007    til Conversion
                           NOT OF APPT OF DEP REPORT-LINDLEY




 ,.
           03/14/2007   Conversion
                           32 PAGES

           0312012007    9J Conversion
                           ORDER & OPINION/COA-DENY WRIT/MANDM

    j      03/21/2007   Conversion
                           COPY OF MOTITEMP RELIEF PENDING A

    ,
           0312112007   Conversion
    II.-                   RULING ON PET OF WRIT/MANDAMUS

           03/2112007   Conversion
                           FILED WITH THE COAIDALLAS



                                                                   PAGE 42 OF 66              Prill ted   011   0811212010 (11 /'44 PM
                                                                    JUDGE'S

.,.                                                      DOCKET SHEET
                                                         CASE No. 3805460603


-        03121/2007     §J Conversion
                             COPY OF PET FOR WRIT/MANDAMUS FILED


-        03121/2007    Conversion
                             WITH THE COA/DALLAS


...      04116/2007     9J Conversion
                          RESP'S MTN FOR SANCTIONS



-        04117/2007     9J Correspondence
                          Official Notice From COA

         04123/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          TBC

         04/23/2007     9J Conversion
                          PET'S ORIG AN SP DENIALS & AFFIRM--



.,.
         04123/2007    Conversion
                          --DEFENSES TO RESP'S MOT FOR SANCT-

         04/23/2007    Conversion
                          --DAVID CARY

                        9J Conversion
                        r'
         05107/2007
                          RECEIVER'S APPL TO CONFIRM SALE OF

         05107/2007    Conversion
                          DAVID CARY'S INTEREST IN A LIMITED

         05107/2007    Conversion
                          PARTNERSHIP

         0511 1/2007   Con version




 ..
 ..                       DC ORDER ALL MOTIONS

         0512112007     a:I Conversion
  J                       PET'S MOT F/RECONSIDERATION ON RSPS



 .,      05/21/2007    Conversion
                          MOTION FOR SANCTIONS

         0512112007     WNotice
                          Hearing and CeriJicate a/Conference

         05/23/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                         DISMISSAL NO ORDER WI' 3() DAYS RMVD
  ..,.
         05/23/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          PET'S MTN FOR RECONSIDERATION RMVD

  .,.    05/23/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                             RECEIVER'S APP TO CONFIRM SALE RMVD

         06/06/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                          DISMISSAL RESET


                                                                  PAGE 43 OF 66              Prilliedon 0811212010011:44 PM
                                                                  JUDGE'S


~
                                                       DOCKET SHEET
                                                       CASE NO. 3805460603


-      06/06/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        PETITIONER'S MTN FOR RECONSIDERATION

       06/06/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                        RECEIVER'S APPTTO CONFIRM SALE


                      9J Conversion
.,.
       06/0612007
                        ORD CONFfRM SALE-SGND




-      0611 112007



       06111/2007
                      9J Conversion
                        PL'S NOTICE OF FILING

                     §J Conversion
                        OBiS TO ENTRY OF RESP'S PROPOSED

       06/11/2007    Conversion

..,.                    "ORDER IN SUIT/MODIFY PCR"

       06/11/2007     til Conversion
.,.                     OBiS TO ENTR Y OF RESP'S PROPOSED

       0611 112007   Conversion


.,.
                        "ORDER ON MOTION FOR SANCTIONS

       06/13/2007     9J Conversion
                        RECEIVER'S 1ST INTERIM APPL FOR

       0611312007     9J Conversion
                        AUTHORITY TO DISBURSE FUNDS AND

.,.    06113/2007    Conversion
                       APPROVAL OF RECEIVER'S FEES

       06113/2007    Conversion
                        1ST INTERIM INVENTORY


 ,.    06118/2007    Conversion
                        APP TO DISBURSE FUNDS

       06118/2007     !i1 Conversion
                        DAVID CARY'S OBJECTION TO REC'S 1ST




 -
       06/18/2007     BJ Conversion
  ,
                        INTERIM APPLICATION FOR AUTHORITY

       06118/2007    Conversion
                        TO DISBURSE FUNDS & APPROVAL OF

       06118/2007    Conversion
                        REC'S FEES

       06/25/2007     iii Conversion
                        ORD IN SUIT TO MOD PIC REL SGND




 ,.
  I                                                             PAGE 44 OF 66              Printed   011   0811 H2() I II ", 1:44 PM
-
                                                                     JUDGE'S

                                                          DOCKET SHEET



-
                                                          CASE No. 3805460603
          06125/2007     9J Conversion
                                ORO ON MOT FOR SANCTION SGND

          07/02/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                                D. CARY'S OBJECTION TO RECEIVER'S 1ST

                         ,--
          07/02/2007     9J Conversion
•
                            ORO APPROVE RECEIVER 1ST INTERIM APPL




..
          07/02/2007    Conversion
                                FOR AUTII TO DISBURSE FUNDS & APPROVAL

          07/02/2007    Conversion
                            OF RECEIVER'S FEES SGND

.,.       07/0912007    Conversion
                                DCKETSHEET

.,.       0711 )/2007    ~ Conversion
                                ENTRY OF APPEARANCE

.,.       07/1 )12007    §J Conversion
                                REQ FOR FOF AND CONC OF LA W


.,.
,
          07/25/2007     9J Conversion
                         r --


                                NOT OF APPEARANCE


,.        0712512007     WConversion
                                MOT FOR NEW TRIAL ON SANCTIONS


.,.       07125/2007    Conversion
                            MNEW: MTN FOR NEW TRIAL ON SANCTIONS



.,.       0712612007     ~ Conversion
                            MOT FOR NEW TRIAL



,.        07126/2007    Conversion
                            MNEW: MOTION FOR NEW TRIAL




    ,.                   KJ Conversion
          08/0)/2007
                                MOTfNEW TRIAL FRM ORDS ON MOD & TRS




    ,.    08/0)/2007     {i] Conversion
                                ORO DENY DA VID MTN NEW TRIAL-SGND




    ,.
          08/0)12007    Conversion
                                ORO DENY LUKE GUNNSTAKS MTN NEW TRIAL.-SG

          08/06/2007     Qj Conversion

    ...
                                AFF OF JULIA F PENDER Y

    J
          08/0612007     9J Conversion
    ,.    08/09/2007
                                AFF OF JULIA PENDERY

                        Conversion



    -..                                                            PAGE 45 OF 66              Printed all 08/1 212n10 at /.-44 PM
                                                                   JUDGE'S

                                                            DOCKET SHEET
                                                  CASE No.            3805460603

...
                           NOTOF PAST DUE FlND/NGSOF FACT &

       08109/2007    Conversion
                           CONCLUSION OF LA W

       08/13/2007     9J Conversion
                           PET MOT TO APPT RECIEVER

       0811 3/2007    9J Conversion
                           AFFD OF JENNIFER CARY

       0811312007     WConversion
                           AFFD OF LUKE GUNNSTAKS

       08/1312007    Conversion
                           8 CERTIFIED COPIES ORDER - 40 PGS

       0811312007     9J Conversion
                           ORD APPOINTING RECEIVER SGND

                      ,-
       08/14/2007     QJ Conversion
~                          OATIl OF RECEIVER-LUKE GUNNSTAKS


.,.    0811412007    Conversion
                           RECEIVERSIIIP



.,.    08/16/2007     §J Conversion
                           NOT OF BANKRUPTCY



.,     0811 6/2007    §J Letter
                           Rqst for Documents by Israel SlIster



 .,.
       0911 212007    §.J Conversion
                           MOTION FOR NEW TRIAL ON ORDER APPT



 .,.
       0911212007    Conversion
                           RECEIVERIC LUKE GUNNSTAKS

       0911 212007   Conversion
                           MNEW: MOTION FOR NEW TRIAL

                      rc
       0911412007     QJ Conversion
                           AMENDED MOT FOR NEW TRIAL ON ORD

       09114/2007     9J Conversion
                           APPT RECEIVER

       09/24/2007     WConversion
                           NOTOF APPEAL

       0912412007     9J Conversion
                           C LUKE GUNNSTAK'S NOTOF APPEAL ON

       09124/2007    Conversion




  -                                                               PAGE 46 OF 66    Prill/I'd all OS//2120Ul a/ 1044 PM
                                                             JUDGE'S

.,.                                                 DOCKET SHEET
                                                    CASE NO. 3805460603
                       THE ORD ON MOT FOR SANCTIONS SIGN
~
        09124/2007   Conversion
                       6/2517

....    09124/2007   Conversion
                        *"FAXED NOA TO COA/DALLAS


.,.     09124/2007   Conversion
                        "SENT COPY NOA TO COURT REPORTER


        09124/2007   9J Conversion
~                      NOT OF FlUNG


        09124/2007   BJ Conversion
                       NOT OF FILING

        09124/2007   Conversion
                       *······*··········ON APPEAL •••••••••••••
 ~



 .,.
        09124/2007   Conversion
                        *················2ND APPEAL .... * •••••••••


        09125/2007   WConversion
 .,.                   REQ FOR CLERKS RECORD


        09/26/2007   9J Conversion
                       REQUEST FOR CLERKS RECORDS

        09/26/2007   Conversion


 .,.
                        ·"FAXED 2ND NOA TO COAIDALLAS

        09126/2007   Conversion
                        ·SENT COpy 2ND NOA-COURT REPORTER


        09/26/2007   WConversion
                        ·SENT REQ FOR REP REC TO CRT RPRTR


 .,.    0912812007   WConversion
                       DESIGNATION OF RECORD ON APPEAL

        10109/2007   Conversion
  ~                    CRT REPORTER EXHIBITS TENDERED & SEALED


  .,.
  J
        10/0912007   Conversion
                       CRT REPORTER EXHIBITS TENDERED & SEALED

        10119/2007   Conversion
                       COPY CLERK REC 298PGS@.25 EA
  ~
        10/23/2007    9J Conversion
                        REQ ADDT-NLITEMS FORRECORtFAPPEAL
  ~




  ,.
        10/2312007    ~ Conversion
                        uFXD ATTORNEY LETTER TO COA/DALLAS
   I




                                                            PAGE 47 OF 66   Printed all fl8111!!I1/flat/:44 PM
                                                              JUDGE'S


-                                                      DOCKET SHEET
                                                       CASE NO. 3805460603


-      10/25/2007     9J Conversion
                        DESIGNATION OF ADT'L ITEMS FOR



-
       1012512007    Conversion
                        RECORD ON APPEAL

       10129/2007     iil Conversion
...                     C LUKE GUNNSTAKS MOT FOR WIDRAWAL

       10/29/2007    Conversion
                        AS COUNSEL FOR PET

       1012912007    Conversion


.,.
                        ORDER (WDRW COUNSEL) SIGNED

       10/3012007     9J Conversion
                        MONEY PD FOR CLERK'S RECORD-14I3PGS
....   1013112007     KJ Conversion
                        ENTRY OF APPEARANCE

ilia




..
 I     1013112007    Conversion
                        **MLD CLERK'S RECORD TO COAIDALLAS

       1013112007    Conversion
                        **COPIES CLERK RECORD TO ATTORNEYS

       1110112007    Conversion
                       MOTION HOLD RESPONDENT IN CONTEMPT

       11101/2007    Conversion
                        REQUEST FOR ClTATION·NO SERVICE
~

       1110112007    Conversion
                        COPIES FOR E·FIUNG DOCUMENTS

       11101/2007     B:J Conversion

-
                       EFILE CONV/ENCE FEE

       II 10112007    WConversion

 -
                        MOTION HOLD RESPONDENT IN CONTEMPT

       11101/2007     WAddress Change
                        Party: Respondent Cary, Jennifer L

       1110512007    Conversion
                        ISS CIT RET TO A TTY BY MAIL


 '-    11105/2007    Conversion
                        HMLD CLERK'S RECORD TO COA/DALLAS

       11105/2007    Conversion




 ,.
                        HCOPIES-CLERK RECORD TO ATTORNEYS

       11106/2007    Conversion
 I                      9 PAGES - COPIES



 ...                                                         PAGE 48 OF 66   Prill/ed 011 0811 2/l0 In at 1:44 PM
-
                                                                  JUDGE'S

                                                       DOCKET SHEET
                                                       CASE No. 3805460603
       1111212007     9J Conversion
                         GRN CRD COA 1116/7

       1111212007    Conversion
~
                       RCPT-CLRK REC FLD: 05-07-01289-CV

       11/20/2007     WConversion
.,.                      AFFT FOR AUTH OF BUS REC

       I Jn912007     9J Conversion
                         PET 1ST AMENDED MOT HOLD RESPONDENT
~

       1112912007    Conversion

.,.                    IN CONTEMPT

       1112912007     9J Conversion
...                      EFfLE CONVIENCE FEE

       11/30/2007     WConversion
                         SR SUBP DT HOWARD SHARPIO 1112717

                      r:.
       12/03/2007     9J Conversion
.,.    12/03/2007
                         STACY STEIN CARY'S OBJECTIONS TO

                     Conversion
                       SUB.DIT AND MOT FOR PIO
                      ,-,.
       12/0312007     9J Conversion
                         SIR-SUB DTIGEORGANNA SIMPSONIII1907

       12/0312007     9J Conversion
                         SIR-SUB DrlJULlA PENDERYI/J-19-07

.,.    12/04/2007    Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                       PET'S MTN TO HOLD RESP IN CONTEMPT


-      12/0412007     9J Conversion

 ,.
                         SIR-SUB DIT-STACY CARYI12-1-07

       12/0412007     9J Conversion

 ..
                         ORDER-SGND

       12/07/2007     §J Conversion
 J
                         PET'S MOT FOR TURNOVER ORDER

       12/07/2007    Conversion
                       COPIES 35 PGS

       12/07/2007     ~ Conversion
 i..                     ORD GRANT TURNOVER RELIEF-SGND



 ..
  ,

       1211 0/2007   Conversion
 ,
                       DOCKET SHEET
  I



 I..                                                            PAGE 49 OF 66              Printed 011 081121201001/·44 PM
-
                                                                 JUOGE'S

                                                        DOCKET SHEET
                                                        CASE No. 3805460603



-           1211 112007



            12111/2007
                           9J Conversion
                             CONTRACT OF EMPLOYMENT FOR LEGAL

                          Conversion
.,.                         REPRESENTATION




-
            1211112007     fiJ Letter



-
            12113/2007    COli version
                             EFfLE CONVIENCE FEE

            1211312007     {iJ Conversion
                             MOT TO SET ASIDE ORD GRANT TURNOVER

.,.         12/13/2007    COli version
                             RELIEF

            12/13/2007     {i] Conversion
                             EFfLE CONVIENCE FEE


.,.         1211312007     til Conversion
                             RESP REQ FOR FIND OF FACT & CONCL

            12/14/2007     9J Conversion
                             STACY CRAIG CARY SUPPLEMENTAL RESP


.,.         1211412007    COil version
                             TO JENNIFER CARY'S SURP DT

            12114/2007     ~  Letter
                            from Howard Shapiro

            12114/2007     ~  Letter
 ..,.
 ,
                            from Israel Susler




 -
            1211712007     9J Conversion
                             INT PL IN INTER VENT, MOT TO DISS

            12117/2007    Conversion


     -
                            TURNOVER ORD & MOT FOR SANCT &

            1211712007    Conversion
                            ATTORNEY'S FEES

            1211712007    Conversion




     -
                            CRT REPORTER EXHIBITS TENDERED & SEALED

            12117/2007    Conversion
                            CRT REPORTER EXmBITS TENDERED & SEALED


     ....   12121/2007     9J Conversion
                                 R'S MOT FOR PROTECTION FROM DlSCOVE



     -
                           r--
            12126/2007     9J Conversion
      J                      STACY CARY'S MOT FOR Pia


                                                                 PAGE 500F 66   Prillledoll ()81J112()J() 01 1:44 PM
-
                                                                 JUDGE'S

                                                      DOCKET SHEET
                                                      CASE     No. 3805460603


-     12126/2007    9J Conversion
                          RESP 1ST AMEND MOT FOR PROTECTION

...   12/26/2007   Conversion
                     FROM DISCOVERY


...   12/26/2007    9J Conversion
                          EFILE CONVIENCE FEE

      1212612007    §J Letter
~
                         from Israel SUSler


.,.   12f26/2007    ~      Letter
                         from Israel SUSler

      12f27/2007   9J Notice
~                        a/hearing


                   9J Conversion
                    r-:
      12f28/2007
a,.                      STACY CARY'S 1ST AMEND MOT FOR Pia

      12128/2007    £iJ Conversion
~                        STACY CARY'S 2ND AMEND MOT FOR PIO



,.    12128/2007   9J Conversion
                    r"


                          TABLE OF CONTENTS

      01/02/2008   Conversion



                   9J Conversion
                    r'
      01/0212008
                         AFFT OF PERSONA L SER VICE
~
      01/0212008   WConversion
                         SIR SUBP KAREN ARCHER 122007
~
      01/0212008   Conversion


.,.
                     EFILE CONVIENCE FEE

      01/02/2008    {i] Conversion

,..
                          D CARYS RESP TO PET 1ST AMD MT TO-




,.
      011Q2/2008   Conversion
                     -RESP IN CONTEMPn

      01/03/2008   COI1\'crsion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                     PETS MTN TO HOLD RESP IN CONTEMPT RESET


...
-I
      01/03/2008   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                     INTERVENOR'S PLEA IN INTERVENTION. ETC

      01/03/2008   Conversion Entry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                     RESPONDENT'S MTN TO SET ASIDE ORDER



                                                                PAGESI OF 66               Printed nil fl8!1 }I}fllfl at 1:44 PM
                                                                       JUDGE'S

                                                           DOCKET SHEET
                                                           CASE      NO. 3805460603

      01/03/2008   Conversion Enlry (9:00 AM) (Judicial Officer: Sandoval. Charles F.)
                     D. CARY'S MTN FOR PO


-     0110312008   Conversion Enlry (9:00 AM) (Judicial Officer: Sandoval, Charles F.)
                     S. CARY'S MTN FOR PO


                   BJ Conversion
                    r-·~·


      01/03/2008
                        APPENDIX TO DAVID F CARY'S RESP TO

      01/03/2008   Conversion
                     PET'S 1ST AMND MOT TO HOLD RESP

      0110312008   Conversion
                     IN CONTEMPT


      01109/2008   9J Letter
                       fax cover sheet


      01/1012008   {i] Conversion
                       SIR-SUBI/SRAEL SUSTERII-3-(}8 $135.(}(}


      0111012008   9j Letter
                       copy ofleller from Israel SUSler   10   Craig Bernstein

      01116/2008   Conversion
                     REQUEST FOR SUPPL CLERKS RECORDS

~     01/16/2008   §J Letter

.,.
                       to Judge Sandoval


      0111712008   9J Letter

,.
                       to Judge Sandoval


      0112312008   KJ Order

-     0112412008   [] Letter
                    copy of letter from Karla Kimbrell to court of appeals


      0113012008   WLetter
                       copy of letter from David Fink

      0211212008   Conversion
                      •••••••••••••••• 'ON APPEAL' •••••••••••••
 j



 -                 §J Conversion
      02113/2008
                        REQ FOR FIND OF FACT & CONCL OF LA W


      0211312008   §J Conversion
                        PET NOTICE OF APPEAL


      02113/2008    9J Conversion
                        2 E-FILE CONVENIENCE FEES




 -                                                                    PAGE 520F 66       Printed 011 08/1211010 otl.44 PM
                                                                            JUDGE'S

                                                                 DOCKET SHEET
                                                                 CASE      No. 3805460603
                02125/2008   {iJ COli version
-                                PT J CARYS DESIGNATION OF MATERIALS



-
                02125/2008   Conversion
                                TO BE INCLUDED IN CLERK'S RECORD

                02125/2008   Conversion

.,.                            EFlU..; CONVIENCE FEE

                om5/2008      WAppeals - Designation Letter/Req for Record
.,.                              PETITIONER JENNIFER CARY'S DESIGNATION OF MATERJALS TO BE INCLUDED IN THE CLERK'S
                                 RECORD
                                 Party: Attorney Henry, Byron K


.,.             0310312008    9J Request
                                FOR REPORTER'S RECORD FOR APPEAL
                                Party: Attorney Henry, Byron K

                0311m008     WNotice
                                 Not of Post Due Findings Of Foct And Conclusions Of Low

.,.
,                                Party: Attorney Henry, Byron K

                03/12/2008    9J E-File Confinnation Page
..,.\
                0311712008    9J Order
                                 -Findings offact and conclusions of law

.,.
I               03128/2008   Appeals - Clerk's Record Paid

                04111/2008    tiJ Mailed
                                 CLERK'S RECORD TO 5TH COAIDALLAS & COPY TO MR. HENRY

                0411712008   9J Certified Green Card Returned
    -   i
                                 COA 4/15/8

                04129/2008   WNotice
                                 CLERK'S RECORD RECEIVED BY THE 5TH COA/DALLAS: ()5-0B-00233-CV
                                 Party: Attorney Thomas, Ashlie L; Attorney Shapiro, Howard; Attorney Henry, Byron K; Respondent Cary,
                                 Jennifer L; Petitioner Cary, David F; Petitioner Gunnstaks, C. Luke

        ,.      0611m008      ~ Findings of Fact and Conclusions of Law
                                 Petitioner's Proposed Findings of Focts and Conclusions of Low



    -
                                 Party: Petitioner Gunnstaks, C. Luke


                06113/2008    BJ E-File Confinnation Page
        ... ,
                0612312008   General Docket Entry
                                 Findings of Fact signed. CFS
                                                                                                                                 \\,\,,,,UIIIIII""II

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        -       06/23/2008


                08/1m008
                              9J Findings of Fact and Conclusions of Law
                              i-.1
                                  Order
                              ':3.J                                                           ~
                                                                                                               I.,'
                                                                                                               -
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                                                                                                               ~c;;;                   .~ ~ ~
                                                                                                                                           '.~, l                  ' .
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                                                                                                                                                                         =
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                                 ORDER REQUESTING RESPONSE REGARDING PETITION FOR WRIT OF MANDA~~                                      ED 08Y~~'t~.
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        -
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                                                                           PAGE 5] OF 66                                               Prill/ed Oil 081/1120/0 Of 1:44 PM
-
                                                                   JUDGE'S

                                                         DOCKET SHEET
                                                         CASE    No. 3805460603

..     08121/2008    9,J Application
                       Receiver's app to close receivership and discharge receiver




-
                       Party: Receiver Bernstein, Michael S

       08/21/2008    QJ Letter
                       Party: Receiver Bernstein, Michael S



-'     0812512008   9J Response
                       Stacy Cary's Objections to Receiver's Appl To close Receivership & Discharge Receiver

       0812512008   9.J Application
                       to Close Receivership & Discharge Receiver
                       Party: Attorney Bernstein, Craig A


                    <iJ Order
~
       08/28/2008
                       5TH COA/DALLS-GRANT EXT FOR RESPONSE OF RECEIVER-ISSUED 08/25/08

~
       09f2m008     iii Order
                       5TH COA/DALLAS: CONSOUDATE CASES: 05-07-01289-CV PENDING APPEAL; 05-08-01030-CV

....                   TREATED AS CLOSED CASE IN APPELLATE COURT-ISSUED 09110/08

       10122/2008   ii1 Request
.,.                    REQ SUPPLEMENTAL CLERK'S RECORD
                       Party: Attorney Shapiro, Howard

       IOf23/2008    WMailed
~                     SUPPLEMENTAL CLERK'S RECORD TO 5TH COA/DALLAS




..     10128/2008   9.J Certified Green Card Returned
                       COA 10/24/8


       0112912009   {i) Motion - REOPEN· OCA 3a,
--r                    Pet to modify parent child relationship
                       Party: Attorney Keane, Patricia


..,.   01129/2009   Request for Citation
                      xl
                       Party: Attorney Keane, Patricia



- ;
       01129/2009   Citation
                    Cary, Jennifer L
                    Unserved


       02112/2009    <iJ Appeals - Correspondence
                       COPY OF RELATOR C "LUKE" GUNNSTAKS' MOTION TO ABATE FILED WITH 5TH COA/DALLAS


       02112/2009    WOrder                                                                                              \\\\\",tlllll"""I/

                                                                                                                  ,,\,,\~ ~\ C T CO'l/II/II
                      FROM 5TH COA/DALLAS - RE: RELATOR'S MOTION TO ABATE                                      "", :--.0... '          ".       & ",:-

                                                                                                                    .' ,;' _~
                                                                                                               ,,<:).,                           ~"

       02118/2009    K1 Motion                                                                            t~.i
                                                                                                Receiver"~s Qrder                '>3;..~h

 ,.
                      for Reconsideration on "Order on Motfor Sanctions" & "Order Appointing
                       District COA. Dallas County. TX      ..                                            \~.            iV\\\                     f.oJ,
                       Party: Attorney Thomas, Ashlie L; Petitioner Gunnstaks, C. Luke                     -:",,0' r                 ~':\~'/
                                                                                                                "',;( /ttr     . ~ '{ --\,,':'
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                                                                                                                         """:':"':"1'11""\'\\

                                                                 PAGE 54 OF 66                                                  Primed      0"   0811 lIlO/O al / :44 PM
                                                                           JUDGE'S

    ~                                                                DOCKET SHEET
                                                                     CASE No. 3805460603
          0211912009    9J Court Admin Correspondence
    ,"                    FAX/Email Rec'd by the Court

          02124/2009    ~     Motion
r...                     for sub service
                          Party: Attorney Keane, Patricia

.,.       02124/2009   General Docket Entry
                          Order on Mtll for Substituted Service Signed


\,.       02124/2009    9J Order
                         for Subs Service


.,.
I         0212712009    9J Original Answer
                          Party: Attorney Benavides, Alma R

...
.,.       02127/2009    WResponse
                         10    P's Mal For Reconsideration
                          Party: Attorney Henry, Byron K

.,.       02n812009     til Correspondence
                         from Judge Wooten


    ~     03/0212009   Hearing (8:30 AM) (Judicial Officer: WOOlen, Suzanne)
    .1
                          to reconsider Order all Mtll for Sanclions/Order appl. receiver


          03103/2009    9J Motion
                          to recuse
                          Party: Attorney Basinger, Kyle G

.,.       03/04/2009   General Docket Entry
                          Order of Referral on Motion to Recuse Signed


,.        03/0412009    BJ Letter

    -
                          Cover Leller


          03/04/2009    WBrief

    ,.
    I
                          Appellant's Reply Brief


          0)/0412009    {i1 Brief
                          Amended Appellanl's Brief


    .,.   03/04/2009    !iJ Objection
                          10   mill   10   recuse/disqualify judge
                          Party: Petitioner Gunnstaks, C. Luke


          03/04/2009    9J Motion
                          to recollsider rulillg of Ihe COUl'l all jenllifer Carys mill reCllseldisqualify judge
                          Party: Petitioner Gunnstaks. C. Luke


          03/04/2009    ~ Order
                          afReferral alii Motto Recl/se




                                                                           PAGE 55 OF 66                           Pr;/lled 0/1 0811212010 al 1:44 PM
                                                                   JUDGE'S


..                                                         DOCKET SHEET
                                                           CASE No. 3805460603
         03/05/2009   9J Motion
                        to Reconsider Ruling on Motion to Recuse
                        Party: Attorney Keane, Patricia


         0312312009   9J Address Change
                        Party: Respondent Cary, Jennifer L


                      QJ CANCELED        Hearing
                        Per Judge

         04129/2009   Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
                        w Judge McCraw re: cOllrl of appeals order


         0412912009   9J Correspondence
.,.                     Stipulation


         04/2912009   9J Temporary Restraining Order
                        Mutual TRO and Ord Set heQl-ingfor TO's


         05121/2009   WCorrespondence
                        LETTER FROM JOHN L MCCRA W, JR_ ADDRESSED TO COUNSELORS RE:COURT OF APPEALS ORDER

         05/2612009   9J Notice
                        offiling o.fpolice reports
                        Party: Attorney Basinger, Kyle G


         05/26/2009   {i] Affidavit
                        for Bus REc
                         Party: Attorney Thomas, Ashlie L


         05/26/2009    WNotice
                        of Filing of Bus Rec A.ff
                        Party: Attorney Basinger, Kyle G
.-
         05/2612009    WAffidavit
.,.                     for Bus Rec
                         Party: Attorney Keane, Patricia

         05127/2009   Hearing (I :30 PM) (Judicial Officer: Wooten, Suzanne)
                        in Aux Court
 ":""
         0512712009    {i1 Certificate of Deposition
                         Niles Masters
 "'-'                    Party: Attorney Thomas, Ashlie L




 -       05/27/2009    {i] Affidavit of Business Records
                         First Amended




 -   ,
         0512712009



         05/29/2009
                       -w Notice
                         of Filing Bus Ree Aff


                       9J Objection
                         to Petitioner's Proposed Order


                                                                                               Printed 011 08112110/001 I :44 PM
                                                                   PAGE 56 OF 66
                                                                     JUDGE'S

                                                            DOCKET SHEET
                                                            CASE No. 3805460603
                          Party: Attorney Basinger, Kyle G

~
          06/04/2009    9J Response
                          to Respondent's Obi to Pet Proposed Ord
.,                        Party: Attorney Keane, Patricia; Petitioner Cary, David   r-

          06/0412009   §J Respondent's
                          Motion To Modify Standing Order.
~                         Party: Attorney Basinger, Kyle G


          06/04/2009   §.J Letter

"                        cover


.,
                          Party: Attorney Basinger, Kyle G


          06/05/2009   9J Amended Answer
                          Resp First Amended Original Answer
                          Party: Attorney 8asinger, Kyle G


          0610512009   §J Amended Motion
                         for Temp Ord
                          Party: Attorney Keane, Patricia

          06/09/2009   General Docket Entry

.,.                      Agreed Order Extending TRO / Reselling Hearingfor TO Signed


                        9J Motion
.,
          0612412009
                          Emerg Motlor P/O
I                         Party: Attorney Keane, Patricia


                       !il Motion for Continuance
.,.
          07101/2009
                          Party: Attorney Basinger, Kyle G; Respondent Cary, Jennifer L

          0710812009   Ilea ring (10:00 AM) (Judicial Officer: Wooten, Suzanne)
                         @ II am in Aux COllr' #2 - Judge McCraw

          07/08/2009   KJ Order
                          ORDER EXTENDING MUTUAL TEMPORARY RESTRAINING ORDER AND RE-SE7TING HEARING FOR
                          TEMPORARY ORDERS

          07/0912009    WAppeals - Judgment And Opinion
                          AFFIRMED - 5TH COAIDALLAS

          07/09/2009    {i] Court Admin Correspondence
                          FAX/Email Rec'd by the COLII"t

          0711612009
                        WOrder (Judicial Officer: Wooten, Suzanne)
          07/1612009    9J Correspondence

    -
                          FAXED ORDER TO ALL PARTIES

          07116/2009    QJ Appeals - Correspondence
                          MAILED SUPPLEMENTAL PER REQUEST INCLUDING ORDER

          07116/2009   Request ror Copies



    .,.                                                             PAGE 57 OF 66              Prillted Oil (l81/212M (101 1:44 PM
                                                                       JUDGE'S

                                                             DOCKET SHEET
                                                             CASE NO. 3805460603

       07117/2009     gJ Order to Substitute Counsel
                           Agreed

       07122/2009     9J Amended Motion
                           2nd Amend Mot/or T/O
                           Party: Attorney Keane, Patricia; Petitioner Cary, David F

       0712)12009    Temporary Orders Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
                       @ 1:30 in CCAL #2 - Judge McCraw

       07123/2009    §J Certified Green Card Returned
                           5TH COA/DALLAS - 07/21/()9


       07124/2009    tiJ Certi ficate of Deposition
                           Stacy Cary
                           Party: Respondent Cary, Jennifer L

                      r-
       0712412009    BJ Certificate of Deposition
                           David Cary
                           Party: Respondent Cary, Jennifer L


       07/28/2009    {i] Appeals - Correspondence
                           NOTICE OF FILING SUPPLEMENTAL CLERK'S RECORD-5TH COA/DALLAS

       0712912009    [] Order
                           REINSTATE APPEL AS CONSOLIDATED WITH NEW APPEAL FILED - 5TH COAIDALLAS

       09109/2009    <dJ Coun Admin Correspondence
                           FAX/Email Rec'd by the Court


       0911412009    WMotion
...,                       to sign temp orders
                           Party: Attorney Webb, Brian L


                     WNotice
.,.    0911 5/2009
                           a/sub 0/ counsel
                           Party: Attorney Cowden, David


       09121/2009     9J Motion to Sign (9:00 AM)         (Judicial Officer: Wooten, Suzanne)
                           TO's


       09122/2009     §J Letter
                       from Nancy Shosid MD


       09/2412009     <il Motion
                           Motioll/o Modify Temporary Orders
                           Party: Attorney Cowden, David


 j     09124/2009     9J Motion
                           Motion/or IllIerim Allorney's Fees
                           Party: Attorney Cowden, David




                                                                      PAGE 58 OF 66                 Prill ,ed all (}811 212(} f(} nI J:44 PM
-
                                                                 JUDGE'S

                                                          DOCKET SHEET
                                                          CASE No. 3805460603
       09124/2009    9J Motion
                        Motionfor Reconsideration
                         Party: Attorney Cowden, David

       09129/2009     hi Mandate (Judicial Officer: Wooten, Suzanne)
                      ~
                     Comment (JUDGMENT OF TRIAL COURT AFFIRMED-5TH COAIDALLAS)


.,     10/01/2009     WMotion
                        for Protective Order
                         Party: Attorney Cowden, David


       10/01/2009     WSubpoena Return· Not DC Issued
.,
                         Dianna Hurtado


       10/01/2009     ~      Motion
                         to sign temp orders
                         Party: Attorney Webb, Brian L

                     CANCELED Motion to Sign
                       Other


       1010712009     ~ Certificate
                         of Writ/en DiscovelY Directed to Pet
                         Party: Attorney Cowden, David; Respondent Cary, Jennifer L


       10/0912009     9J Letter
                         Party: Attorney Cowden, David
~
       1012312009     WAppeals· Supplemental Request
'.,.   1012912009
                      ,-.,
                      9J Response
                         to min for interim attnys fees

.-
 ,
                         Party: Attorney Webb, Brian L


       10129/2009     9J Response
.,.                      to min to mod temp orders
                         Party: Attorney Webb, Brian L




- I
       10129/2009




       11105/2009
                      WResponse
                         to mtnfor reconsideration
                         Party: Attorney Webb. Brian L

                     Appeals· Clerk's Record Paid


                      {i]
 .,.
       11/05/2009            Mailed
                         SUPPLEMENTAL CLERK'S RECORD TO 5TH COAIDALLAS·--84/3

       11/0512009     WAppeals· Cover Letter


,
       1111 312009   Motion Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
                         Mod(fy TO's - Judge McCraw

       11/13/2009    Motion to Sign (9:00 AM) (Judicial Officer: Wooten, Suzanne)




 ,.
                        Judge McCraw


                                                                PAGE 59 OF 66         Prinred   Oil   n811 2IJnJO (/1 1:44 PM
.,.
                                                                        JUDGE'S

                                                                DOCKET SHEET
                                                                CASE No. 3805460603

        1111312009    Motion Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
                            Interim Atry Fees - Judge McCraw

        11/13/2009    Motion Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
                            Reconsideration - Judge McCraw

        11/1312009    Motion Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)
                            Protective Order - Judge McCraw


        1111312009    {iJ Deputy Reporter Statement
•       11116/2009    ~ Temporary Order
                       r-
        11/16/2009    QJ Certified Green Card        Returned
                         5TH COA/DALLAS - 11/09109


        12/02/2009    ~ Certificate
                            oj Wr;/Ien Discovery Directed to Pet
                            Party: Respondent Cary, Jennifer L


        12/02/2009    gJ     Address Change
                            Party: Respondent Cary, Jennifer L


        12/04/2009    9J COlirt Admin Correspondence
                            FAX tolfro", the Court

        1210412009     §J Temporary Order

        12107/2009     ~     Motion
                            to Mod Funds or in the alter to extend time to pay Junds
                            Party: Attorney Webb. Brian L


        12/09/2009    9J Motion
                            to Compel Discovely & Jar Sanction

 .,.
                            Party: Attorney Webb. Brian L; Petitioner Cary, David F


        12/14/2009     WMotion
                        Jar EnJorcement oJTemp Orders by Contempt
                            Party: Attorney Webb, Brian L
 II'




 ...
        1211412009    Request for Citation


    I
        12114/2009    Request ror Notice


        12/1412009     ~     Arnended Motion
                            to compel disc andJor sanctions



 ,.
                            Party: Attorney Webb, Brian L


        1211 7/2009   9J Records
                         Declaration Jar Business Records -Morgan Stanley PART 2

        1211 7/2009   9J Records


                                                                      PAGE 60 OF 66    Prill/I'd "" 0811 112M 0   01   I-u PM
                                                                   JUDGE'S

                                                      DOCKET SHEET
                                                      CASE    No. 3805460603
                      Declaration for Business Records-Morgan Stanley PA R T 3

•     12117/2009    9J Social Study Report
.,    1212112009   Citation
                   Cary, Jennifer L
                   Unserved

      1212112009   Notice
                   Cary, Jennifer L
                   Unserved

~
                   9J Subpoena Return - Not DC Issued
..
      1212812009
                      Cust of Records Center for Social Success


      12128/2009   WMotion
...
                     10rPiO
                      Party: Witness Center for Social Success

      12130/2009    9J Motion
                      2nd Motion for Enforcement afTemporary Orders by Contempt
~                     Party: Attorney Webb, Brian L



..I
      12/30/2009

      12/3012009
                   Request for Citation

                   Request for Notice

      01/05/2010    ru Notice of Appearance
                      Party: Attorney Neal, William F

      01/05/2010   9J Motion
                      Motionfor Enforcement of Child Support Order and Order to Appear
                      Party: Attorney Neal, William F

      01/0512010   9J Request for Citation
                      Qty. I
                      Party: Attorney Neal, William F

      01/05/2010   Request for Notice
                     Qty. I
                     Party: Attorney Neal, William F

      01/06/2010   Citation
                    lilCary, David F
                   Served: 01/1212010

      01/06/2010   Notice
                    KJ Cary, David F
                   Served: 0111212010

      01/0712010   9J Motion
                      Emergency Min for Prot Order and for Sanctions
                      Party: Attorney Huey, Jeanne M

      01111/2010    ~ Appeals - Judgment And Opinion


                                                                  PAGE 6t OF 66          Prill led   011   08112120/0011:44 PM
                                                                     JUDGE'S

.,.                                                         DOCKET SHEET
                                                            CASE No. 3805460603
                         APPEAL DISMISSED IN PART/AFFIRMED IN PART ORDER AS MODIFIED-5TH COA/DALLAS

       01111/2010      BJ Order
                         RELA TOR'S PETITION FOR WRIT OF MANDAMUS DISMISSED AS MOOT-5TH COA/DALLAS

       01115/2010     Motion ror Enrorcement (10:00 AM) (Judicial Officer: Wooten, Suzanne)

       01/15/2010     Motion To Compel (10:00 AM) (Judicial Officer: Wooten, Suzanne)


       01115/2010      QJ Motion Hearing (10:00 AM)   (Judicial Officer: Wooten, Suzanne)
                        for Emergency Protective Order @ 9 am

       01115/2010     Motion ror Enrorcement (10:00 AM) (judicial Officer: Wooten, Suzanne)


       01115/20 I 0    9J Respondent's
                         special exceptions. motion to strike and response   10   petitioners first and second motions for enforcement of temp
                         orders by contempt
                         Party: Attorney Neal, William F


       01115/2010      {i] Motion to Withdraw
                         Party: Attorney Cowden, David


       01/15/2010      WMotion for Continuance
                         Party: Attorney Neal, William F


 ""    01125/2010      §J Jury Fee Paid

       02/02/2010      ~  Notice
                         Dave Cary's notice offiling   0/proposed jury charge

       02/0312010     Hea ring (9:00 AM) (Judicial Officer: Wooten, Suzanne)
 "r                     Discovery

       02/03/2010     Pre-trial Conrerence (9:00 AM) (Judicial Officer: Wooten, Suzanne)
 ~
       02/0312010      9J Motion
                         Petitioners 1Il0lion ill limille
 ~                       Party: Attorney Webb, Brian L


       02/0312010      ~ Certificate of Deposition
                         Party: Attorney Webb, Brian L



 .,.   02/0412010      ~  Respondent's
                         Mol in Limille
                         Party: Attorney Neal, William F


 ...   02/05/2010      §J Cenificate of Deposition


 ,.
 .i
                         Party: Attorney Webb, Brian L

       02/08/2010     .Jury Trial (9:00 AM) (Judicial Officer: Wooten, Suzanne)


       02/09/2010      <iJ Court Admin Correspondence
                         FAX sent by the Co urI
 ~

                                                                                                                               Prillted 011 ()811 ZI}()I() {l/ 1'44 PM
 1-                                                                 PAGE 62 OF 66
                                                                     JUDGE'S

                                                           DOCKET SHEET
                                                           CASE NO. 3805460603

        02/09/2010     9J Subpoena Return - Not DC Issued
                          Gail Berkemeir (}208/0


        02/09/2010      §J Subpoena Return - Not DC Issued
                          Jail Kirk/and 0208/()


        02/09nolO       !i1 Subpoena Return - Not DC Issued
                         John Ball 0208/0

        02/09/2010     WSubpoena Return - Not DC Issued
                          Dr. Susan Istre 020810



.,.     02/09/2010     !i1 Subpoena Return - Not DC Issued
                          Anna Herman 020510



,.      02/1 onolO      WSubpoena Return - Not DC Issued
                          Lucille Helton The Hill School


                       !i1 Subpoena Return - Not DC Issued
...
        02/12n010
 ,                        Chris LUlla



.,.     02/12/2010      WSubpoena Return - Not DC Issued
                          Kelly Moore


        02/1212010      til Subpoena Return - Not DC Issued
                          Marilyn Aaron
~


,.
,
        02/18/2010     !i1 Deputy Reporter Statement


,.
        02/18/20 I 0   !i1 Exhibit
                          Party: Respondent Cary, Jennifer L
I


        02n3/2010      Qj Motion

.,.                       to compel compliance with mediated settlement agreement andfor sanctions
                          Party: Attorney Webb, Brian L

        02nS12010      WCorrespondence

"
                          Fax rec'd by the court


        03/02nOl0       QJ Response
                          Respondent Jenmfer Cary's Response to Petitioners Motion to Compel Compliallce 11'/ MSA and for Sanctiolls

        03/0312010     Ilea ring (I :00 PM) (Judicial Officer: Wooten, Suzanne)
    ,

".      03/03/2010     Motion To Compel (I :00 PM) (Judicial Officer: Wooten, Suzanne)
-,
        OJ/03/2010      9J Amended Motion
                          Petitiollers Secolld A mended Motion to Compel DiscovelY and For Sallctiolls
                          Party: Attorney Webb, Brian L

        03/05/2010     iJ Statement
                         deputy reporter slatemelll


                                                                    PAGE 63 OF 66                                       Primed on 0811 J/lam   al   1:44 PM
                                                                             JUDGE'S

..,.                                                              DOCKET SHEET
                                                                  CASE     No. 3805460603

.,.          03110/2010      WMotion
                              10 compel compliance wilh media led sllmnl agrmnl and for sallclions
                              Party: Attorney Neal, William F
.,           03/12/2010     Ifearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
                               of{ molions

III,.        03112120 I 0    WRespondent's
                               resp 10 pet's second amelld mIn 10 compel disc andfor sanctions
                               Party: Attorney Neal, William F

             03/12/20 I 0   QJ Respondent's
                              Jennifer Cary's MIn for conI or in the alter a mol to equalize lillie
                              Party: Attorney Neal, William F

             03/12/20 I 0   9J Subpoena Return - Not DC Issued
                              AlIlla Herman 3-1I-10


 ,
             03112120 I 0   {iJ Subpoena Return - Not DC Issued
                               Chris Luna 3-/ /-10
lor
             0311212010     !i1 Respondent's
                               mtll 10 compel disc alldfor sallcliollS
'.,..                          Party: Attorney Neal, William F

             03/1212010      WRespondent's
                              mill for po and req for rule /3 sanctiollS
                              Party: Attorney Neal, William F

             03/17/20 I 0   §J Subpoena Return - Not DC Issued
                              Slephell Moore 3-16-10


             0312412010      WSubpoena Return - Not DC Issued
                               Kelly Moore


     .,..    03125/2010     Hearing (I :30 PM) (Judicial Officer: Wooten, Suzanne)

             03/2512010      WMotion
                              for protective order
                               Party: Attorney Webb, Brian L

             0312512010      ~ Subpoena Return - Not DC Issued
                               DialinG Hurtado 032510

             04/06/2010     Hearing (9:00 AM) (Judicial Officer: Wooten, Suzanne)
                              9:30
      "!""

             0412612010     Hearing (9:30 AM) (Judicial Officer: Wooten, Suzanne)

             05103/20 I 0   Hearing (9:30 AM) (Judicial Officer: Wooten, Suzanne)


                             9J Motion
      ,.     05/06/2010
                               Malian for Enforcement of Mediated Selllemelll Agreement (/nd For Sanclions



       .,.
       \                                                                   PAGE 64 OF 66                     Prillled all ()811212()f()   (II   /"401 PAl
                                                                              JUOGE'S

                                                                DOCKET SHEET
                                                                CASE         No. 3805460603
                           Party: Allorney Webb, Brian L
....    05/06/2010    9J Request for Citation
                        xl
                        Party: Allorney Webb, Brian L
~
        0510612010   Request for Notice
                       xl
                        Party: Allorney Webb, Brian L




.
~

        05107/2010   Citation
                     Cary, Jennifer L
                     Unserved

        05107/2010   Notice
                     Cary, Jennifer L
                     Unserved


.,      05107/2010
                      r.
                      9J Court Admin Correspondence
                        Correspondence sent by Judge McCraw


        0511412010    9J Motion
                        to vacate MSA
                        Party: Attorney Robertson, Richard L


        05114/2010    §J Motion
                       for alt service
                        Party: Attorney Webb, Brian L


        05117/2010    WOrder
                       on mtn for alternative service


        0511912010    til Amended Motion
                       for alternative service
                        Party: Attorney Webb, Brian L


        0511912010    9J Order
                        onfirst amend mtnfor alter service


        05126/2010    WResponse
                           to motion to vacate mediated settlement agreement

        05128/2010   Motion for Enforcement (9:30 AM) (Judicial Officer: Wooten, Suzanne)
                       & Mtn to Vacate MSA


        05128/2010    9J Brief
                           trial brief regard enforce of the mediated stlmnt agrmnt


        05128/2010    WBrief
  ...
                           Irial brief on vacating lIIed slllllllt agmllit

   J
        05/2812010    ~  Request


  ...
                       for findings offacl and conclusion aflaw
                        Party: Responden! Cary, Jennifer L
   J




   ,.                                                                        PAGE 65 OF 66    Prill ,ed on 081J212010ar 1:44 PM
-
                                                                  JUDGE'S

                                                        DOCKET SHEET
                                                        CASE No. 3805460603


-    05f28f2010       KJ Correspondence
                        interpretation of Feb 8,2010 mediated stlmnl agrmnl


                      W
-
     06fl 6f20 I 0
                        Mandate (Judicial Officer: Wooten. Suzanne)
                     Comment (Appeal Dismissed at moot-Modified in Part & Affirmed-5th COAlDallas)




-    06/16/2010       WAppeals - Correspondence

.    07102f20 I 0     WMotion
                        to Sign Order
                        Party: Attorney Webb. Brian L




-
     07/0712010      Hearing (9:00 AM) (Judicial Officer: Wooten. Suzanne)


                      WOrder Denied
..
     07107/2010
                        mtn to vacate mediated stlmnt ogrmnt


     07123/2010      WLetter

-
                        Cover




-
     08f02/2010      WObjection
                      to petitioners proposed order in Suit to Modify PIC Relationship
                      Party: Attorney Neal. William F




-
     08/0312010      Motion to Sign (10:00 AM) (Judicial Officer: Wooten. Suzanne)


     08/03/20 I 0    W Deputy Reporter Statement

     08/03/2010
                     9J Order to Modify Parent Child Relationship (Judicial Officer: Wooten. Suzanne)


..       DAn;

                       Intervenor Cary. Stacy
                       Total Charges                                                                                10.00
                       Total Payments and Credits                                                                   10.00
                       Balance Due as of 811212010                                                                   0.00



..
I
                       Petitioner Cary. David F
                       Total Charges
                       Total Payments and Credits
                       Balance Due as of 811212010
                                                                                                               28.888.97
                                                                                                               28.888.97
                                                                                                                    0.00



-                      Respondent Cary. Jennifer L
                       Total Charges
                       Total Payments and Credits
                       Balance Due as of 8/12/2010
                                                                                                                  262.00
                                                                                                                  262.00
                                                                                                                    0.00

                       Witness Istre. Susan




-
                       Total Charges
                       Total Payments and Credits
                       Balance Due as of 8/1212010




..
                                                                PAGE 660F 66                            Printed all 0811212010   all:4~   PM
                                                                            Wi




                                                                            ..
                                                                             I




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                                                                        •
                                                                        ..



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                                                                        ,




STATE OF TEXAS            )
COUNTY OF COLLIN )
I. Hannah Kunk . Districl Clerk in and fOf ColllO C(luoty Teus. do




                                                                      -
       Ce"ify lIthe above fOrCgO~ng is lrue anJ correct copy of the


~
o .g I docum I as Ihe same appc fS nIh til< tn the Oimict CoWl.
     .  ou              'tness my , .   an seal or said Coult. tbis
        dayo                .0 .• 20_
                         HANNAH KUNKLE. OISTRlCfCLERK
                         COLLIN COUNTY TEXAS
       ..
~~_;y!:~_ U!··._~~:=:Ncu.   _____ ._ . ____________ ._________       .0 _ _ _ _ _ _   _




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                                                                                          Pla.no, TX 75093
                                                                                                                                          SCAl\TNELl
                                                                                          972-380-0130

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Nuc,-.ber .0:': C<"ise I                   NAMES OF PARTIES                                 I                                                    Kind of Ac=t=io=u_ _
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        y~               I                                                                                 Po Box 861720
                       I                                                                    'I             Plano, TX 75086                   '-'--t-i-f-f--
Q)\~C: OF FILING                                                                       .                   972-423-0033
                 I
~·;~l]th:l.oa"y Year 1                            VS.                                      1
_~_.l.    291 03       IJENNIFER   LYNN CARY                                                                             Israel Suster
Jury Fee:              I                                                                         1316 Village Creek Drive Ste 500
                       1                                                                         Plano, TX 75093                                      t
Paid by:               I                                                                         972-380-0130
==~~==========f==================~==================~=~=~========i                                                                        ===========================
                                                                                                                                                      PROCESS



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I.jr~} ~~:.~_!..IDAVID FRED:UCK CARY                                                                          !        Plano, TX 75086                                                  IORCF.
i                       •    1                                                                                1        972-423-0033
    iJ!l.~   S_9 F .FILING I                                                                   . _______ 1

    !"l0nt.hl<):rilYearl                                        VS.                         _ _~ __ .. _I
    _1.~_.Lili_03           _I JENNIFER   LYNN CARY                                                                                           Israel Suster
                                                                                                                  1316 Village Creek Drive Ste 500 3
    JUr':T     Fee:         I                                                                                     Plano, TX 75093
                             1
    }"aid by:                1
                                                                                                                  972-380-0130
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Nu,mbel.'. Of Case /
                                                                                                                                                          Kind of Action
....l~v-:54606-03 1   /DAVID FREDRICK CARY                                         Po Box 861720
                                                                                   Plano, TX 75086                                                   IVORCE

DATE OF FILING/                                                                                           972-423-0033                               laintiff
'4onth I Day I Year /                                          VS.
  12    I   29/ 03   IJENNIFER LYNN CARY                                                             i~    Israel Suster
Jury Fee:            1                                                                               I:    1316 Village Creek Drive Ste 500 3
               I                                                 I    Plano, TX 75093                                                                    mdant
?aid by:       I                                                 I'   972-380-0130                                                                   3
==============r==================================================r===                                                                                .-~=====================

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'_..l.!J--=-S..iG06 - 03        'DAVID FREDRICK (,-ARY                                                               Plano, TX 75086 1                                  .vQI{CE
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                                                                                                                     972-423-0033                                       -------------------
IDA,:!,E O~ FILINGI                                                                                                                                                     laint.iff
i~0ntfiIDayIYe=ar~1                 ____________________ VS.                                             israel Suster
!     12   I   291     03       I JENNIFER    LYNN CARY                                                  1316 Village Creek Drive Ste 500
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Jury Fee:                                                                                                Plano, TX 75093
                                                                                                         972-380-0130                                               Defendant
    Paid by:                    i
    ==============f=======================================~~=========i                                                                                         :=====================;=====
    DATE OF ORDERS              I
    Mont~LDay~IY~e=a=r~I _____~====~~~~~~_____                                                                                                                                    PROCESS


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IEY.!!IbY_!: _:?L_;:~1.    _________           NAMES   91'_'_p~rtl'I_E_S _ _ _ _ _ _ _ _ _                                fE. ______._ __ _         i         Kil~c.l.2Uct~.£.TL_--
1~9-51_?.?_~_:.~._IDAVID FREDRICK CAl\.Y
                                                                                                      Po Box 861720                                 IDIVORCE
                       I                                                                              Plano, TX 75086
I               -
                                                                                                     972-423-0033
                                                                                                                                                I
                                                                                                                                                    ----
                                                                                                                                                    Plaintiff
                                                       vs.
                                                                                                    Israel Suster
                                                                                                    1316 Village Creek Drive Ste 500
                                                                                                    Plano, TX 75093                                 Defendant
    Pain l)y:                                                                                       972-380-0130




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                                                FAMILY DOCKET

   Number of Case                  Case       e                          Attorn                       Case Parties
      3805460603         In the Matter of the Marriage of   Patricia Keane; Ashlie L Thomas    Petitioner: David F Cary
        Divorce           DAVID FREDRICK CARY Vs.           2208 Routh Street
                             JENNIFER LYNN CARY             Dallas TX 75201-0000; 15150
                                                            Preston Rd #300
                                                            Dallas TX 75248-
                                                            214-871-9100; 972-392-2300
     Date of Filing                                         Kyle G Basinger                        Respondent: Jennifer L
      12/29/2003                                            One Lincoln Centre                     Cary
                                                            5400 LBJ Frwy Ste 525
Jury Fee:   Paid                                            Dallas TX 75240-0000
            By                                              972-661-2622

Date of Orders
Month Day        Year   ORDERS OF COURT                                                       PROCESS




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                                               FAMILY DOCKET                       52S- A/                 7"/, I:rJ    5'v..A /   .!-   iffl's-o
                                                                                                           v.       ~         ,);;;/1
   Number of Case                  Case St Ie                           Attorne s                            Case Parties
    3805460603           In the Matter of the Marriage of   Patricia eane; Ashlie L Thomas          Petitioner: David F Cary
      Divorce             DAVID FREDRICK CARY Vs.           2208 Rou Street
                             JENNIFER LYNN CARY             Dallas TX   201-0000; 15150
                                                            Preston Rd # 0
                                                            Dallas TX 7524
                                                            214-871-9100; 972-392-2300
       Date of Filing                                       Kyle G asinger       I;J..~~J•• . (4;.J    r    pondent: Jennifer L
        12/29/2003                                          One Lin oln Centre 7ri:r .tI~A~ ary
                                                            5400 LB Frwy Ste 525S~ /Pr              1';";(.

Jury Fee:    Paid                                           Dallas TX 5240-0000·;1'/ w R'~ I
             By                                             972-661-262                   T,r7/1.3 .
Date of Orders .
Month     Day    Year   ORDERS OF COURT                                                                             PROCESS

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                                                     FAMILY DOCKET

     Number of Case                 Case Style                                         Attorneys                                        Case Parties
      3805460603          In the Matter of the Marriage of                Brian L Webb; Ashlie L Thomas                          Petitioner: David F Cary
         Divorce         David Fredrick Cary Vs. Jennifer                 325 North St Paul St
                                     Lynn Cary                            Ste 4450
                                                                          Dallas TX 75201; The Parker Law
                                                                          Firm
                                                                          2317 Plaza Parkway
                                                                          Suite 100
                                                                          Bedford TX 76021
                                                                          214-871-2730; 817-503-9200
      Date of Filing                                                      William F Neal                                          Respondent: Jennifer L
       12/29/2003                                                         401 E Corporate Drive #200                              Cary
                                                                          Lewisville TX 75057
Jury Fee:   Paid                                                          972-436-8000
            By
Date of Orders
Month Day         Year   ORDERS OF COURT                                                                                         PROCESS

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                                           FAMILY         DOCKET

   Number of Case                Case St Ie                            Attorne s                   Case Parties
     3805460603        In the Matter of the Marriage of   Brian L Webb; Ashlie L Thomas     Petitioner: David F Cary
        Divorce       David Fredrick Cary Vs. Jennifer    325 North St Paul St
                                  Lynn Cary               Ste 4450
                                                          Dallas TX 75201; The Parker Law
                                                          Firm
                                                          2317 Plaza Parkway
                                                          Suite 100
                                                          Bedford TX 76021
                                                          214-871-2730; 817-503-9200
     Date of Filing                                       William F Neal                    Respondent: Jennifer L
      12/29/2003                                          401 E Corporate Drive #200        Cary
                                                          Lewisville TX 75057
Jury Fee:   Paid                                          972-436-8000
            B
Date of Orders
Month Day      Year                                                                         PROCESS




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                                                           SENIOR JUDGE
                                                            Sitting by Assignment
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                                                     FAMILY DOCKET

       Number of Case                     Case St Ie                            Attorne s                   Case Parties
         3805460603             In the Matter of the Marriage of   Brian L Webb; Ashlie L Thomas     Petitioner: David F Cary
           Divorce              David Fredrick Cary Vs. Jennifer   325 North St Paul St
                                           Lynn Cary               Ste 4450
                                                                   Dallas TX 75201; The Parker Law
                                                                   Firm
                                                                   2317 Plaza Parkway
                                                                   Suite 100
                                                                   Bedford TX 76021
                                                                   214-871-2730; 817-503-9200
         Date of Filing                                            William F Neal                    Respondent: Jennifer L
            12/29/2003                                             401 E Corporate Drive #200        Cary
                                                                   Lewisville TX 75057
    Jury Fee:   Paid                                               972-436-8000
                B
    Date of Orders
    Month    Day   Year         ORDERS OF COURT                                                      PROCESS




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                                                                                                           .
                                                                                                         Jo hn L. McCraw:Jr  .                ~   t. .   •



                                                                                                          . Sitting by Assignriietit

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                                               FAMILY         DOCKET

   Number of Case                    Case St Ie                            Attorne s                      Case Parties
     3805460603            In the Matter of the Marriage of   Brian L Webb; Ashlie L Thomas        Petitioner: David F Cary
       Divorce            David Fredrick Cary Vs. Jennifer    325 North St Paul St
                                      Lynn Cary               Ste 4450
                                                              Dallas TX 75201; The Parker Law
                                                              Firm
                                                              2317 Plaza Parkway
                                                              Suite 100
                                                              Bedford TX 76021
                                                              214-871-2730; 817-503-9200
       Date of Filing                                         William F Neal                       Respondent: Jennifer L
        12/29/2003                                            401 E Corporate Drive #200           Cary
                                                              Lewisville TX 75057
Jury Fee:   Paid                                              972-436-8000
            8
Date of Orders
Month Day        Year     ORDERS OF COURT                                                         PROCESS


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                                               FAMILY         DOCKET

   Number of Case                    Case St Ie                            Attorne s                   Case Parties
     3805460603            In the Matter of the Marriage of   Brian L Webb; Ashlie L Thomas     Petitioner: David F Cary
          Divorce         David Fredrick Cary Vs. Jennifer    325 North St Paul St
                                      Lynn Cary               Ste 4450
                                                              Dallas TX 75201; The Parker Law
                                                              Firm
                                                              2317 Plaza Parkway
                                                              Suite 100
                                                              Bedford TX 76021
                                                              214-871-2730; 817-503-9200
     Date of Filing                                           Richard L Robertson               Respondent: Jennifer L
                                                              5700 W Plano Parkway              Cary
         12/29/2003
                                                              Suite 2200
Jury Fee:    Paid                                             Plano TX 75093
             By                                               972-769-2727

Date of Orders
Month Day        Year     ORDERS OF COURT                                                       PROCESS




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                                                                                                    SENIOR 'JUDo-E'
                                                                                                                      '




                                                                                                    Sitting by ASsigfunent
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                                                 FAMILY DOCKET

   Number of Case                 Case Style                                       Attorneys                                  Case Parties
    3805460603          In the Matter of the Marriage of              Brian L Webb; Ashlie L Thomas                    Petitioner: David F Cary
      Divorce           David Fredrick Cary Vs. Jennifer              325 North St Paul St
                                   Lynn Cary                          Ste 4450
                                                                      Dallas TX 75201; The Parker Law
                                                                      Firm
                                                                      2317 Plaza Parkway
                                                                                                                        SCANNED
                                                                      Suite 100
                                                                      Bedford TX 76021
                                                                      214-871-2730; 817-503-9200
      Date of Filing                                                  Richard L Robertson                              Respondent: Jennifer L
       12/29/2003                                                     5700 W Plano Parkway                             Cary
                                                                      Suite 2200
Jury Fee:   Paid                                                      Plano TX 75093
            By                                                        972-769-2727

Date of Orders
Month Day        Year   ORDERS OF COURT                                                                                PROCESS

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                             STATE OF TEXAS
                             COUNT\, OF COLLIN )
                                                          )               j
                             I. H.nnoh Kunklt. \)j,lricl Clrrk in Ind r r Collin County TtuLS, do
                             hcrrhr <ertifr Ih.1 Iht .hn"c ."d for~~"in i •• lruc and <orrtcl copy

                                                    %
                             of Ihe o'l!inal ru.'·II"'cnl •• Ih ... m. ""p. rs on Ihr lile in Iht
                             Ilislticl Court. CI1l1i{
                             uid Court, Ihis th.
                                                            ;1I1~·. Tn . Wit ~~ In)' 1"'1".1 .nd , .. 1or
                                                             ll.y 0               A.O,. ~o L.iL...


                                                                     CC)Ufi:t:./
                                                                HANN·, Kl'NJ.:U:. DlSTHICT CLERK
                                                           CWIN
                                                               c
                                                           ~ rf .....Vl
                                                          ('                                  OEPUlY
-
                                   CAUSE NO.


-
                                               IN THE
I
                                       SUPREME COURT OFTEXAS


                                           IN RE JENNIFER CARY
                                                                       Relator


                Original proceeding from the Fifth District Court ofAppeals at Dallas,
          Cause No. 05-JO-OJ071-CV, and 3801'. Judicial District Court, Collin County, Texas.
                     Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.




                              AFFIDAVIT OF THOMAS M. MICHEL



        STATE OF TEXAS                       )

-       COUNTY OF TARRANT                    )

              On this day Thomas Michel appeared before me, the undersigned notary public,
        and on his oath deposed and said:

               1.      My name is Thomas M. Michel. I am over the age of twenty-one (21) and
                       am fully competent to make this affidavit. I have personal knowledge of
                       the facts stated herein and that they are true and correct.

               2.      I am appellate counsel on behalf of Relator, Jennifer Cary.

    -          3.      On August 12, 2010, I visited the Collin County District Clerk's office and
                                                                                         th
                       examined the clerk's files in Cause No. 380-54606-03 in the 380 District

    -                  Court of Collin County, Texas. Attached to the Appendix as "P" is a
                       certified copy of the Collin County District Clerk's Docket Sheet printed by
                       the clerk showing the events and orders of the Court. In my search of the
                       file, I did not locate an Order of Assignment assigning John L. McCraw to
                       the case.




                                                                                               Page 1
        AFFJl)AVIT OF TIIOMAS M. MICIIEL




    -
...
                4.      Attached to the Appendix as "0" are true and correct copies of printouts
..                      from the webpage of Judge Ovard, Presiding Judge of the First
                        Administrative Region, which do not reflect that the Honorable John L.
                        McCraw, Jr. was assigned to Cause No. 380-54606-03 by Judge Ovard, the
                        Presiding Judge of the First Administrative Judicial Region.

                FURTHER AFFIANT SAITH NOT.



                                                    Thomas M. Michel

..               SUBSCRIBED AND SWORN TO before me on this
         to certify which witness my hand and official seal.
                                                                       6~ay of December, 2010,
I
~

                          KIM D. MILLER
                         NOTARY PUBLIC
                         STATE OF TEXAS
                                                    Notary Public, State of Texas

...
                         My Comm: Exp. Q6.05.2013




-




    i_




    -    AFFIDA "IT OF THOMAS M.   ~tlCHEL
                                                                                            Page 2
.,.

..                            CAUSE NO. _ _ _ _ _ __
.,.
                                      IN THE COURT OF APPEALS
..                                     FIFTH DISTRICT OF TEXAS
                                              AT DALLAS

-                                         IN RE JENNIFER CARY
                                                                            Relator


.,.              Original proceedingJrom the 380 TH Judicial District Court, Collin County, Texas .
                           Cause No. 380-54606-03; the Honorable John L. McCraw, Jr .

...                               AFFIDA VIT OF WILLIAM F. NEAL


          STATE OF TEXAS                      )

          COUNTY OF DALLAS                    )

                 On this day William F. Neal appeared before me, the undersigned notary

          public, and on his oath deposed and said:


-
                  1.     My name is William F. Neal. I am over the age of twenty-one (21)
                         and am fully competent to make this affidavit. I have personal
                         knowledge of the facts stated herein and that they are true and conect.
 .,..
                  2.     I was trial counsel on behalf of Relator, Jennifer Cary, in Cause No.
 ,.                      380-54606-03 in the 380 'h Judicial District Court;

                  3.     Attached to the Appendix as "N" is a true and correct copy of Order in
                         Suit to Modify Parent-Child Relationship signed on August 3, 2010
                         signed by John L. McCraw, Jr.;

  -   I




  -   I



          ,\HID" VIT OF WILLIAM F. NEAL
..
....             4.        My office has conducted a review of our file and we have not located
                           a copy of an Order of Assignment assigning John L. McCraw, Jr. to
                           the matter pending in the 380 1h Judicial District Court in Cause No.


-
                           380-54606-03. I do not recall having seen a copy of any Order of
                           Assignment of John L. McCraw, Jr. in this case.



-
                 FURTHER AFFIANT SAITH NOT.



...                                                    illiam   Neal
                                                                            th.
              SUBSCRIBED AND SWORN TO before me on this ;(4 day of August,
        2010, to certify which witness my hand and official seal.

-
                            JANENE KOINER
 III"                  Notary Public. Stale of Texas
                         My Commission Expires
                          Seplember 10.2011




        AFFIO ..\ VIT OF WILLlAII1 F. NEAL                                                 Page 2
    ..                                             CAUSE NO. 05-10-01071-CV

    ...                                            IN THE COURT OF APPEALS
                                                    FIFTH DISTRICT OF TEXAS
                                                           AT DALLAS


                                                     IN RE JENNIFER CARY
                                                                                     Relator


                        Original proceeding from the 380TH Judicial District Court, Collin County. Texas,
                                  Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.




-
I
                                                   AFFIDAVIT OF DOUG PERRIN


I
          STATE OF TEXAS                                )
~
          COUNTY OF DALLAS                              )


-                On this day Doug Perrin appeared before me, the undersigned notary public, and on his
          oath deposed and said:


-                        1.        My name is Doug Perrin. I am over the age of twenty-one (21) and am fully
                                   competent to make this affidavit. I have personal knowledge of the facts stated
                                   herein and that they are true and correct.

                        2.         I am an attorney licensed in the State of Texas. On or about August d,   2010, I
                                   spoke with a woman whose name I believe was Sandy, an assistant for Judge

-                                  Ovard. She informed me that she did not have a signed copy of an order assigning
                                   Judge McCraw to Cause No. 380-54606-03. She did have an unsigned copy of an
                                   order.

                         FURTHER AFFIANT SAITH NOT.


-                                                               Doug P

                  SUBSCRIBED AND SWORN TO before me on this _ _day of August, 2010, to



          :., :.
               '
          certify which witness my hand and official seal.


          r-.                                                 -f3~'"           £d
          t
           : """                 L.S'THUYNH
             .)tr'.:.!           :'f0TA8Y PUBLIC
           .... ::~;;;~~~:....    Stale of Texas                Notary Public, State of Texas




-
"..
           v~~12-2012
          A fTlDA V1T OF DOUG PERRIN
                                                                                                                p.,..
-
-                                               CAUSE NO. 05-10-01071-CV

II.
                                                IN THE COURT OF APPEALS
                                                 FIFTH DISTRICT OF TEXAS
                                                        AT DALLAS


                                                  IN RE JENNIFER CARY
                                                                                 Relator

-
-
                 Original proceedingJrom the 380 TH Judicial District Court, Collin County, Texas,
                           Cause No. 380-54606-03; the Honorable John L. McCraw, Jr.



.,.                                          AFFIDAVIT OF ASHLEY JOHNSON


      STATE OF TEXAS                                )
      COUNTY OF DALLAS                              )


-                On this day Ashley Johnson appeared before me, the undersigned notary public, and on

      her oath deposed and said:

                  l.         My name is Ashley Johnson. I am over the age of twenty-one (21) and am fully
                             competent to make this affidavit. I have personal knowledge of the facts stated
                             herein and that they are true and correct.

                 2.          I am a legal secretary for Doug Perrin. On or about August 19, 2010, I spoke with
                             the clerk for the 380th District Court and she indicated that she could not find an
                             order that assigned Judge McCraw to Cause No. 380-54606-03.

                 FURTHER AFFIANT SAITH NOT.


                                                           Ashl   Johnson

              SUBSCRIBED AND SWORN TO before me on this {lLday of August, 2010, to
      certify which witness my hand and official seal.


.,.    /':~{jb~;\
       ;.: .~.:.:
       .,.,>.........
              :~/
          ~.~~~~ ....
                            LISA T HUYNH
                           NOTARY PUBLIC
                            State of Texas
                        Comm. Exp. 03-12-2012
                                                        ~  Notary Public, State of Texas




,.
      Al'l'IDA VlT OF ASHLEY JOHNSON
                                     CAUSE NO. 05-10-01071-CV
-
-                                        IN THE COURT OF APPEALS
                                          FIFTH DISTRICT OF TEXAS


-
                                                 AT DALLAS




..                                         IN RE JENNIFER CARY
                                                                         Relator



-              Original proceedingfrom the 380TH Judicial District Court. Collin County. Texas.
                         Cause No. 380-54606-03; the Honorable John L. McCraw. Jr.


                                  AFFIDAVIT OF THOMAS M. MICHEL


-      ST ATE OF TEXAS
       COUNTY OF TARRANT
                                             )
                                             )

              On this day Thomas Michel appeared before me, the undersigned notary public, and
       on his oath deposed and said:
....
               1.      My name is Thomas M. Michel. I am over the age of twenty-one (21) and am
                       fully competent to make this affidavit. I have personal knowledge of the facts
                       stated herein and that they are true and correct.

...            2.      I am appellate counsel on behalf of Relator, Jennifer Cary. On August 27,
                       2010, the Honorable John L. McCraw, Jr. faxed to my office a copy of the
                       order signed by Judge Ovard, Presiding Judge of the First Administrative
....                   Judicial Region. A true and copy of the fax transmittal sheet and the order are
                       attached hereto as Exhibit "I."

               3.     On September 9, 20 I 0, I inspected the notice board at the front entrance of the
                      Collin County Courthouse. Posted there were a number of assignments signed
                      by Judge Ovard, the Presiding Judge of the First Administrative Judicial
                      Region. In my review, I did not find an order of assignment assigning Judge
                      John L. McCraw, Jr. to the cause below. There was an order assigning the
                      Honorable John L. McCraw, Jr. to another matter though.

               4.     Attached to this Affidavit as Exhibit "2" is an example of an order assigning a
                      former appellate judge to a particular cause of action. This particular order is
                      signed by Judge Jeff Walker, the Presiding Judge of the Eighth Administrative
                      Judicial Region.

       AFFIDAVIT OF THOMAS 1\1. MICHEL                                                            Page t
-
..                5.     Attached to this Affidavit as Exhibit "3" is an example of an order assigning
                         Judge Ovard, Senior Justice of the Fifth Court of Appeals to hear a particular
,
                         motion in a particular case.
L

                  FURTHER AFFIANT SAITH NOT......       d~_,----_---..,;,----__---,-___
                                                       Thomas M. Michel


-                  SUBSCRIBED AND SWORN TO before me on this 1alh day of September, 2010, to
           certify which witness my hand and official seal.




.,.                                                    Notary Public, State of Texas
                            KIM D. MILLER
                           NOTARY PUBLIC
                           STATE OF TEXAS
                           My Comm. Exp. Q6.ij5-2013




.,.




    ....



    ..
           AFFIDAVIT OF THOMAS M. MICHEL                                                          Page 2
 ..                                           Jobn L. McCraw, Jr .
                                         Senior Justice, 5th Court of Appeals
.                                         Qualified StattdFederal Mediator
                                                   708 N. Waddill
                                               McKinney, Texas 75069

               oFlllet Alll.lItf.SS                                               DALLAS PHON!!:: (~72) 562-6162
               1415 IlMrrouu 51.                                                  LOCAL PHONE:     (971) s.tl-6162
               McKianl:Y, "'C1U 75{)G9                                            fACSIMILE:       (972) !i4IJ.04S4
                                                                                  nOME PHON!;;:    (\171) s.tl-1263




-
                                           FACSIMILE TRANSMISSION

               PLEASE DELIVER 11IE FOLLOWING PAGES TO:

                                         Via Facsimile: 817-926-2505
                                         Thomas M, Michael


...            FROM:                     John L. McCraw, Jr.

               CLIENT/MAITER:            Order of Assignment by the Presiding Judge



-
               TOTAL NUMBER OF PAGES INCLUDING COVER LETTER:                                         2

               DATE:                     August 27, 2010


...            CQMMENTSi




-
.
..



                                                                                                         LZ:89        818Z/SZ/88
 ,.   Z0!'[0     39';;fd                                               ,. •• nl     nl n."/,on                        :l11I11':ll!!n 'i~
                                                       THE STATE OF TEXAS
                                              FIRST ADMINISTRATIVE JUDICIAL REGION
                                           ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE



                          Pursuant to Artlde 74.056. Texas Government Code, I hearby assign the:

                                          Honorable John L. McCraw Jr,.
                                 Senior Justice of The 5th Court Of Appeals
                                 To The 380th Dletrlct Court of Collin County, Texas.



-
                                  This assignment is for the period of 1 days beginning 31912009, providing
                          that 'the assignment shall continue after the spec/fled period of time as may be
                          necessary for the assigned Judge to complete trial of any case or cases begun
                          during this period, and to pass on motions for new trial and all other matters
                          growing out of cases tried by the Judge herein assigned during this period, or the
                          undersigned presiding Judge has terminated this assignment in writing, whichever
                          occurs first.
                              CONDITION(S) OF ASSIGNMENT [IF ANY]:
                          To hear Cause No. 360-54606-2003: In the Interest of                                                 and
                                                minor children.




.,..                             The Clerk Is directed to post a copy of this assignment on the notice board
                          so that attorneys and parties may be advised of this assignment, In accordance
                          with the law.

                                 ORDERED this _ _
 .,.
                                                             n avard, Presiding Judge
                                                          First Administrative Judicial Region
                          ATIeST:


                                                                                         Al3i11'"                  20197




  .,...
                                                                                 J.£6l~tltl!':tP.:l                         ~ .lS~I.:I
                                                                                                    tlStle-8t1S-lLG          Ll:g~       BIBlISll8B
          zelle   39\1d                                      .. ,. .. n n .. ,. . " e   ,...-1'\1     .--1 "'."   I."n('\
                                                                                                                                         ~tlill ,~,   Dn V\I
-
~~-------------------------------------------------------------------------------




-                                             TRE STA'l'i OF   T~

                                      8th ADMINISTRATIVE J"C])ICIAL REGION

                                 ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE


                        Pursuant to Rule lSa, TeXAs Rule~ of Civil Prooedure, I
               assign the Honorable William Brigham, Senior Court of Appeals
               Judge t.o the
                                      32Sth District Court, Tarrant County, Texas.
                          The judge is assigned to preside 1n Cause Number
               32S-_.a-99, In the Interest of    P   . - . from thi ..
               date until plenary jurisdiction haa expired or tn~der8igned
               Presiding ~dge ha~ t.rminated thi~ a~~ignment in writing,
               whiahQver occur. fir_to In addition, whenev.r the aSSigned
..,.           judge is present in the councy of assignment for a hearing 1n
               ~his cauae, the judge 1s also assigned and empowered to hear at
               that time any oth~r matters that are pr~8ented for hearing in
.,.            OCher cases .
                       It is prdered that the clerk of the Court to which chis
               assignment made, it it 1a reasonable and practicable, and if time
               permits, give notiae of this assignment to each attorney
.,..           repregenting a party to a ~ase that is to be heard in whole or
               in part by ~he assign.d judge.
                          rt   is further ordered          the Clerk, upon receipt
.,..
                                                    ~hat
              hereof, ehal1 post a copy of thi. order in a public areA of the
              Clerk'~ office or courthoua8 so t~t attorneys and p~tie. may
              be aavisad of this aseignment.

                                            I~~
                       SIGNED October      ~,     2007

.,..

.,.
.,.           Admim:




              Rule lea,    T.R.C.~.    (To HQar Cau.e After Reeu.al)

,.


,.
                                           612120109:40 AM SCANNED




                                     THE STATE OF TEXAS
    I,.                     FIRST ADMINISTRATIVE JUDICIAL REGION
                         ORDER OF ASSIGNMENT BY THE PRESIDING JUDGE



                  Pursuant to Rule 18a, Texas Rules of Civil Procedure,1 hearby assign the:

                        Honorable John Ovard ,
 .,.             Senior Justice of The 5th Court. Of Appeals
                 To The 401 st District Court of Collin County, Texas .
 .,.
                  This assignment is for the purpose of the assigned judge hearing a Motion
           to Recuse as stated in the Conditions of Assignment. This assignment is
           effective immediately and shall continue for such time as may be necessary for
           the assigned judge to hear and pass on such motion.


                CONDITION(S) OF ASSIGNMENT:
           Cause No. 401-_-2008: In the Interest of • • • •                          a child .




.,.
.,.              The Clerk is directed to post a copy of this assignment on the notice board
          so that attorneys and parties may be advised of this assignment, in accordance
          with the law .
.,.
                ORDERED this      J.{ day of            ~~":::_                      ' 20/ U

                                      ~~t~-"~'
                                          ,.,,,--",,,
                                      \.~, Presiding Judge
                                                                     V"('~           _ ..,   I


T                                      First Administrative Judicial Region
          ATTEST:



                                                         Assign#             21268
        .

    •       THE STATE OF TEXAS V. SUZANNE H. WOOTEN



            PHYSICAL DESCRIPTION: Race: W Sex: F DOB: 04/23/1968 Height: 5'04" Weight: 135

            Count One - Engaging in Organized Criminal Activity - Bribery
    I

    ~
            CODE SECTION:          TEXAS PENAL CODE § 71.02(a)


L           DEGREE OF FELONY: FIRST           OFFENSE CODE 73991005 BOND_ _ _ __

            Count Two - Bribery

            CODE SECTION:          TEXAS PENAL CODE § 36.02


-
I
            DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __


L           Count Three - Bribery



..
            CODE SECTION:          TEXAS PENAL CODE § 36.02

            DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __


-           Count Four - Bribery




-
            CODE SECTION:         TEXAS PENAL CODE § 36.02

            DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __


-           Count Five - Bribery



-
            CODE SECTION:         TEXAS PENAL CODE § 36.02

            DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __

            Count Six - Bribery



-           CODE SECTION:         TEXAS PENAL CODE § 36.02




-
'-
    -
~    Count Seven - Bribery

    CODE SECTION:        TEXAS PENAL CODE § 36.02

    DEGREE OF FELONY: SECOND OFFENSE CODE 51990018                    BOND_ _ _ __

_   Companion Cases: Stacy Stine Cary, James Stephen Spencer, David Cary


L   IN THE   3~~ICIAL DISTRJCT COURT OF COLLIN COUNTY, TEXAS
-                            GRAND JURY INDICTMENT

    IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:
-          THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,

-   impaneled, and sworn as such at the July Term, A.D. 2010, of the 401 st Judicial District

    Court for said County, upon their oaths present in and to said Court at said tenn that:


                                        COUNT ONE


-                               SUZANNE H. WOOTEN
    hereinafter styled DEFENDANT, on or about and between September 19,2007 and October
-   20,2009, and before presentment of this indictment, in the County and State aforesaid, with

-   intent to establish, maintain, and participate in a combination and in the profits of a


-   combination of three or more persons, namely herself, David Cary, Stacy Stine Cary, and



-   J ames Stephen Spencer, did commit and conspire to commit the felony offense ofBRlBERY,

    a crime under Section 36.02 of the Texas Penal Code, as follows:                 }:s<':t~~io.g.
                                                                                     >"..,.-""
                                                                                    .~r;;.
                                                                                                \"".I.lil ili /.




                                                                                                  .:J/~)~
                                                                                                    ':l.'\Y~
                                                                                            \"1--'~/.l
                                                                                                           ~

                                                                                    =..      \ !:i:'     o~
                                                 2                                  \~\<£~~~.;""~ •.J
-                                                                                    ~y"./"
                                                                                      \'V"~""

                                                                                                ';.,
                                                                                                       I.

                                                                                             OJ .._", .... '
                                                                                                               .,/   G-" ,--
                                                                                       ""'" I-",' l' ;.::,,';"'\).. ~/"
                                                                                                            "'1"
                                                                                                                       ();
-
L    DEFENDANT, fo]Jowing a series of meetings and communications between James Stephen

     Spencer and David Cary and Stacy Stine Cary that began on or about September 19,2007,

     did intentionally and knowingly solicit, accept and agree to accept from another a benefit,

-
I


    which was not a political contribution as defined by Title 15 of the Election Code or

L    expenditures made and reported in accordance with Chapter 305 of the Government Code,


-   namely one or more or all of the following payments, made through checks signed by Stacy

    Stine Cary and wire transfers authorized by Stacy Stine Cary and directed and made payable

    to James Stephen Spencer, who at the time of the payments was serving as campaign

    manager for DEFENDANT's campaign for nomination and election to the office of Judge


-   of the 380th Judicial District Court of Collin County, in the 2008 primary and general

    election conducted in Collin County:
-   Date of Check

-   or Wire Transfer
    January 4, 2008
                                Date of Den os it
                                January 4, 2008
                                                                   Amount of Check
                                                                   $50,000.00


-   January 30, 2008            February 4,2008                   $25,000.00

    "February 14,2008          February 15,2008                   $25,000.00

    February 26,2008           February 26,2008                   $25,000.00

-
,
    March 7, 2008              March 7, 2008                      $10,000.00


-   March 14, 2008             March 14, 2008                     $15,000.00


-   with the use of said funds benefitting DEFENDANT, as consideration for DEFENDANT's



-
-
-
-     and as consideration    for DEFENDANT's decision, vote, recommendation, and other


L
      exercise of official discretion in a judicial proceeding, to wit: proceeding with a campaign

     to unseat the incumbent elected judge of the 380th Judicial District Court; filing paperwork

     to run forjudge and filing campaign finance reports; and later presiding asjudge ofthe 380th

L    Judicial District Court, including presiding over and issuing favorable rulings in cases

     pending in the 380th Judicial District Court, a court in which David Cary and Stacy Stine

     Cary were parties to pending cases;

-
     and the Grand Jury further presents in and to said Court at said term that:


-                                         COUNT TWO
-                                  SUZANNE H. WOOTEN
-    hereinafter styled DEFENDANT, on or about January 4, 2008, and before presentment ofthis

-    indictment, in the County and State aforesaid, did intentionally and knowingly solicit, accept,


-    and agree to accept from another benefits, other than political contributions as defined by


-    Title 15 ofthe Election Code or expenditures made and reported in accordance with Chapter

     305 of the Government Code, namely a $50,000 wire transfer from Stacy Stine Cary to James

     Stephen Spencer, who was at the time of the payment serving as campaign manager for

     DEFENDANT's campaign for nomination and election to the office of JUd;~s$?~~:~~""'\,

                                                                                     .;:-~~. "'*"\
-                                                                                  f~:"          ...
                                                                                           ,"-:,7 .                       0=


                                                                                                    .~'4}
                                                                                           f


                                                                                   \~' .p\\ ..!;:J,,'"
                                                                                   :: -1



                                                   4                                           ....
                                                                                     ',.,'.* . " --

..
                                                                                               "' ....J. I-!( : / -   .
-     Judicial District Court of Collin County, in the 2008 primary and genera) election conducted

      in Collin County, with the use of said funds benefitting DEFENDANT, as consideration for
L
      DEFENDANT's decision, opinion, recommendation, vote, or other exercise of discretion as

      a public servant, and as consideration for DEFENDANT's decision, vote, recommendation,

L     and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a


-
      campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing

      paperwork to run for judge and filing campaign finance reports; and later presiding as judge

-     of the 380th Judicial District Court, including presiding over and issuing favorable rulings

-     in cases pending in. the 380th Judicial District Court, a court in which David Cary and Stacy


-     Stine Cary were parties to pending cases;



-     and the Grand Jury further presents in and to said Court at said term that:


-                                       COUNT THREE
-                                  SUZANNE H. WOOTEN

-     hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of


-     this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,



-
      accept, and agree to accept from another benefits, other than political contributions as

      defined by Title 15 of the Election Code or expenditures made and reported in accordance
...   with Chapter 305 ofthe Government Code, namely a $25,000 check from Stac:r'~}~}
                                                                                         ,,\\\\ ~\J 10':)
                                                                                              ,\\\\\ltlIIIIIIII
                                                                                                                  1111///




                                                   5                                  '~i'- . ~.r~.·~/
                                                                                      <·. ..*..... .
-                                                                                                                     ).~.~'
                                                                                         '. ........1. tin"" ....'," ",
                                                                                                           ('I')
                                                                                                         . .....


-
                                                                                                 "       "
        and payable to James Stephen Spencer, who at the time of the payment was serving as

        campaign manager for DEFENDANT's campaign for nomination and election to the office

        of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and
L       general election conducted in Collin County, with the use of said funds benefitting

        DEFENDANT, as consideration for DEFENDANT's decision, opinion, recommendation,



-       vote, or other exercise of discretion as a public servant, and as consideration for

        DEFENDANT's decision, vote, recommendation, and other exercise of official discretion

-       in ajudicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected

    -   judge of the 380th Judicial District Court; filing paperwork to run for judge and filing


    -   campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,


...
,
        including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial

        District Court, a court in which David Cary and Stacy Stine Cary were parties to pending

-       cases;


-       and the Grand Jury further presents in and to said Court at said term that:




    -                                       COUNT FOUR

    -                                SUZANNE H. WOOTEN

    -   hereinafter styled DEFENDANT, on or about February 14,2008, and before presentment of
                                                                                            ",,\\\\~\\'.9..?!O """"
                                                                                                \\\\\\,,11111"" 1/11/




        this indictment, in the County and State aforesaid, did intentionally and knowi~)6"li 't,                                   ii"-=:.
                                                      6                                  (!r/                                       ·i,
                                                                                         ~'"
                                                                                            '""t ·"1"8(-\ o?",,""
                                                                                                                            . i/
                                                                                                 "/ t. II , I JI' , 1\ 11 • ~ ~.,
...   accept, and agree to accept from another benefits, other than political contributions as

      defined by Title 15 of the Election Code or expenditures made and reported in accordance

      with Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary

      and payable to James Stephen Spencer, who at the time of the payment was serving as

      campaign manager for DEFENDANT's campaign for nomination and election to the office

      of Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and

      general election conducted in Collin County, with the use of said funds benefitting

      DEFENDANT, as consideration for DEFENDANT's decision, opinion, recommendation,

-     vote, or other exercise of discretion as a public servant, and as consideration for


-     DEFENDANT's decision, vote, recommendation, and other exercise of official discretion

      in ajudicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected

      judge of the 380th Judicial District Court; filing paperwork to run for judge and filing

      campaign finance reports; and later presiding as judge of the 380th Judicial District Court,


-     including presiding over and issuing favorable rulings in cases pending in the 380th Judicial

      District Court, a court in which David Cary and Stacy Stine Cary were parties to pending

      cases;

-
-     and the Grand Jury further presents in and to said Court at said tenn that:


-
-
-
                                                   7




-
...
I
                                           COUNT FIVE

-                                  SUZANNE H. WOOTEN


-     hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of

      this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,

-     accept, and agree to accept from another benefits, other than political contributions as

      defined by Title 15 of the Election Code or expenditures made and reported in accordance

      with Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine

      Cary to James Stephen Spencer, who was at the time of the payment serving as campaign

      manager for DEFENDANT's campaign for nomination and election to the office of Judge

      of the 380th Judicial District Court of Collin County, in the 2008 primary and general


-     election conducted in Collin County, with the use of said funds benefitting DEFENDANT,

      as consideration for DEFENDANT's decision, opinion, recommendation, vote, or other



-
      exercise of discretion as a public servant, and as consideration for DEFENDANT's decision,

      vote, recommendation, and other exercise of official discretion in a judicial proceeding, to

_     wit: proceeding with a campaign to unseat the incumbent elected judge ofthe 380th Judicial

      District Court; filing paperwork to run for judge and filing campaign finance reports; and



-
      later presiding as judge of the 380th Judicial District Court, including presiding over and

      issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in

-     which David Cary and Stacy Stine Cary were parties to pending cases;



                                                   8




-
 -
 !.-    and the Grand Jury further presents in and to said Court at said tenn that:


 -                                            COUNT SIX

                                     SUZANNE H. WOOTEN

 -     hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment ofthis


-      indictment, in the County and State aforesaid, did intentionally and knowingly solicit, accept,



-
       and agree to accept from another benefits, other than political contributions as defined by

       Title 15 of the Election Code or expenditures made and reported in accordance with Chapter

-      305 ofthe Government Code, namely a $1 0,000 wire transfer from Stacy Stine Cary to James

       Stephen Spencer, who was at the time of the payment serving as campaign manager for

       DEFENDANT's campaign for nomination and election to the office of Judge of the 380th

       Judicial District Court of Collin County, in the 2008 primary and general election conducted
....
       in Collin County, with the use of said funds benefitting DEFENDANT, as consideration for

       DEFENDANT's decision, opinion, recommendation, Yote, or other exercise of discretion as


-      a public servant, and as consideration for DEFENDANT's decision, Yote, recommendation,

       and other exercise of official discretion in a judicial proceeding, to wit: proceeding with a

       campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing

-      paperwork to run for judge and filing campaign finance reports; and later presiding as judge

       of the 380th Judicial District Court, including presiding over and issuing   fayora~~~\ruLiJ),gs
                                                                                        _,;..-'~\\}.9..J..~() ""'1'111
       in cases pending in the 380th Judicial District Court, a court in which DaYid:gify·~~.Stac£;t '\
-                                                    9 , - ' ~iJ ~~ ! J]ff
                                                                                    '~i     I 'i:--;}' \~.%
                                                                                      ::1-.( -s'~~-.~.c~                          '~~

                                                                                                                           ':1:/
-                                                                                      .~<
                                                                                              _~
                                                                                                   pi,/'
                                                                                                   ~
                                                                                                       .:   ,,~ '. ',.i
                                                                                                                           ....
                                                                                                                          ,; "
                                                                                                                                    ..'
                                                                                                                                 ,--"




-
I-    Stine Cary were parties to pending cases;



-    and the Grand Jury further presents in and to said Court at said term that:



                                          COUNT SEVEN

                                   SUZANNE H. WOOTEN


-    hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of

     this indictment, in the County and State aforesaid, did intentionally and knowingly solicit,

-    accept, and agree to accept from another benefits, other than political contributions as


-    defined by Title 15 of the Election Code or expenditures made and reported in accordance

     with Chapter 305 of the Government Code, namely a $15,000 wire transfer from Stacy Stine

     Cary to James Stephen Spencer, who was at the time of the payment serving as campaign

-    manager for DEFENDANT's campaign for nomination and election to the office of Judge

     of the 380th Judicial District Court of Collin County, in the 2008 primary and general


-    election conducted in Collin County, with the use of said funds benefitting DEFENDANT,

     as consideration Jor DEFENDANT's decision, opinion, recommendation, vote, or other

     exercise of discretion as a public servant, and as consideration for DEFENDANT's decision,

     vote, recommendation, and other exercise of official discretion in a judicial proceeding, to


-    wit: proceeding with a campaign to unseat the incumbent elected judge of the 380th J~~iG~t'll
                                                                                                 . . . . . . _. '.
                                                                                             . :\\\lOJ_, :10'11111. .,. .
                                                                                              ','t~


     District Court; filing paperwork to run for judge and filing campaign finance rep'tirls; ~n. d ". ~. /1,\
                                                                                         .'
                                                                                         .               11l\~ ()~
                                                                                                          4~                 _        ".-:.


                                                                                             ~ '<'::~y)~~'$}
-
                                                   1 0 -
                                                                                                                                    ... r"\:::
                                                                                                         Jt'                 .. ' ~.I::-:::
                                                                                                         ~




                                                                                                  ~     . it! (\0;,"""
                                                                                                      '. "Inl'   : _,\1 1 \ \ \ '
    -
    -    later presiding as judge of the 380th Judicial District Court, including presiding over and



    -    issuing favorable rulings in cases pending in the 380th Judicial District Court, a court in




    -
         which David Cary and Stacy Stine Cary were parties to pending cases;



        AGAINST THE I)EACE AND DIGNITY OF THE STATE.



    -
    -

        Witnesses:
        Glenda Anderson
        lames P. Bailey


-       Kyle Basinger
        lohn Beasley

-       Alma Benavides
        Charity Borserine


-
-.
        Amy Cabala
        Karen Callihan
        David Cary
        Stacy Stine Cary
-       Alexis Katz Caughey
        George Henry Clements
                                                                       , -4
                                                                       !t-:..-••                         !!:l   : ___ :.


        Gavin Cone                                                     :   t· #




-
        Darlina Crowder
                                                                   ~   -, [,.        ~   "      r- ",
                                                                   I ..'           _. I i . .   ,   •.




-
                                                                             ! "
                                                    II




..
    -
    -      Daniel Dodd
           Michael Finley
    ...    Kersten Alexander Hayes
           William D. Johnson
    i.oo   Wendy Lee "Kelly
           Paul Dennis Key
           David Marion Kleckner
           Tim Lambert
           Brian Loughmiller

    -.     James Mosser
           Kimberlee Perkins
           Michael Puhl
           James Stephen Spencer
           Kyle Swihart
           Edward Lawson Valentine IV

...        Karl Voightsberger



-
-

-

•
i



                                        12




-
           ..




     J
     ,-,




..
..   I


..
 ,
-
-     THE STATE OF TEXAS V. DAVID CARY                         CAUSE #~(P-<gX2\ \- \ b

..    PHYSICAL DESCRIPTION: Race W Sex:        M DOB: 06120/1955 Height: 6'02" Weight: 240


-    Count One - Engaging in Organized Criminal Activity - Bribery

     CODE SECTION:          TEXAS PENAL CODE § 71.02(a)
•    DEGREE OF FELONY: FIRST           OFFENSE CODE 73991005 BOND_ _ _ __

"-   Count Two - Bribery


.    CODE SECTION:          TEXAS PENAL CODE § 36.02

     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __

     Count Three - Bribery

     CODE SECTION:          TEXAS PENAL CODE § 36.02

     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __

--   Count Four - Bribery

-    CODE SECTION:          TEXAS PENAL CODE § 36.02

     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __




-
     Count Five - Bribery

     CODE SECTION:         TEXAS PENAL CODE § 36.02


-    DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _ __



-
     Count Six - Bribery

     CODE SECTION:         TEXAS PENAL CODE § 36.02
•

_       Count Seven - Bribery


..      CODE SECTION:         TEXAS PENAL CODE § 36.02

        DEGREE OF FELONY: SECOND OFFENSE CODE 51990018                    BOND_ _ _ __

-       Companion Cases: Stacy Stine Cary, James Stephen Spencer, Suzanne H. Wooten


..      IN   THE~UDICIAL DISTR1CT COURT OF COLLIN COUNTY, TEXAS

-
                                 GRAND JURY INDICTMENT

        IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:



-
               THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,

        impaneled, and sworn as such at the July Tenn, A.D. 20 I 0, of the 40 I st Judicial District

'-      Court for said County, upon their oaths present in and to said Court at said term that:


                                            COUNT ONE


-                                           DAVID CARY

        hereinafter styled DEFENDANT, on or about and between September 19,2007 and October




-
        20,2009, and before presentment of this indictment, in the County and State aforesaid, with

        intent to establish, maintain, and participate in a combination and in the profits of a

-       combination of three or more persons, namely himself, his wife Stacy Stine Cary, James




-
    -
 -
-
-    offense ofBRlBERY, a crime under Section 36.02 of the Texas Penal Code, as follows:


..   DEFENDANT, following a series of meetings and communications between DEFENDANT

     and James Stephen Spencer and Stacy Stine Cary that began on or about September 19,2007,
-    did intentionally and knowingly offer, confer, and agree to confer on another a benefit, which

     was not a political contribution as defined by Title 15 of the Election Code or expenditures


-    made and reported in accordance with Chapter 305 of the Government Code, namely one or

     more or all of the following payments, made through checks signed by Stacy Stine Cary and

     wire transfers authorized by Stacy Stine Cary and directed and made payable to James

     Stephen Spencer, who at the time of the payments was serving as campaign manager for

     Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the


-    380th Judicial District Court of Collin County, in the 2008 primary and general election

     conducted in Collin County:
-    Date of Check

-
     or Wire Transfer            Date of Del]osit                    Amount of Check
     January 4, 2008             January 4,2008                      $50,000.00


-    January 30,2008             February 4, 2008                    $25,000.00

     February 14, 2008           February 15, 2008                   $25,000.00

     February 26,2008            February 26,2008                    $25,000.00

 -   March 7, 2008               March 7, 2008                       $10,000.00

     March 14, 2008              March 14, 2008                      $15,000.00



-                                                   3




 -
-       with the use of said funds benefitting Suzanne H. Wooten, as consideration for Suzanne H.


-       Wooten's decision, opinion, recommendation, vote, or other exercise of discretion as a public



-
        servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and




-
        other exercise of official discretion in a judicial proceeding, to wit: proceeding with a

        campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing


-       paperwork to run for judge and filing campaign finance reports; and later presiding as judge

        of the 380th Judicial District Court, including presiding over and issuing favorable rulings

        in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and his

        wife Stacy Stine Cary were parties to pending cases;


-       and the Grand Jury further presents in and to said Court at said term that:



-                                            COUNT TWO

•                                            DAVID CARY

-       hereinafter styled DEFENDANT, on or aboutJanuary 4,2008, and before presentment of this

...     indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,



-
        and agree to confer on another benefits, other than political contributions as defined by Title

        15 ofthe Election Code or expenditures made and reported in accordance with Chapter 305
                                                                                                              ,I·"I'I' lIt 'lll
I
~                                                                                                 ,"""0\CT C'O"'I".
        of the Government Code, namely a $50,000 wire transfer from Stacy Stine caf~~\


    -                                                 4                                    -
                                                                                           t:?
                                                                                           .
                                                                                                          /3'3'~"-
                                                                                                           ~~/  'CI)}
                                                                                                               '/
                                                                                               '"'~ "                                       " 0/
                                                                                               -'(\                                                    ~.::


                                                                                                ".0,""                                   """ ~"
                                                                                                 ","":: / /    I      r    O"""lI"\~~"\ "",
                                                                                                      "./, '/         IJ                 \,\\,,,, ..




    -
                                                                                                               , I   I " ~ I 111 " \ ,
-
       Stephen Spencer, who was at the time of the payment serving as campaign manager for

       Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the



-
      380th Judicial District Court of Collin County, in the 2008 primary and general election

      conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

-     consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other


-     exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

      decision, vote, recommendation, and other exercise of official discretion in a judicial

      proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the

      380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

      reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding

      over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

      court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;




-     and the Grand Jury further presents in and to said Court at said term that:



-                                        COUNT THREE
...                                        DAVID CARY

-     hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of

      this indictment, in the County and State aforesaid, did intentionally and knowingly offer,

      confer, and agree to confer on another benefits, other than political contributions   .,~{l§~h~ACO~.A
-                                                    5                                             .\_~T\*,
                                                                                            (*i/~:~_~

-
                                                                                            ~Q: ',,:C.I)~
                                                                                                JF
                                                                                            ~ -<".      / 2                    'q;
                                                                                            \;0>.              .-.~~/
                                                                                              "<,(/, lI'c6u\:\~-J, ~""",

-
                                                                                                     "'lffllllIFlII"I"\\\\\'
-
-    by Title 15 of the Election Code or expenditures made and reported in accordance with


-    Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and

     payable to James Stephen Spencer, who at the time of the payment was serving as campaign

-    manager for Suzanne H. Wooten's campaign for nomination and election to the office of

     Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general


-    election conducted in Collin County, with the use of said funds benefitting Suzanne H.



-    Wooten, as consideration for SuzanneH. Wooten's decision, opinion, recommendation, vote,

     or other exercise of discretion as a public sen'ant, and as consideration for Suzanne H.

-    Wooten's decision, vote, recommendation, and other exercise of official discretion in a

..   judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected



-    judge of the 380th Judicial District Court; filing paperwork to run for judge and filing



-
     campaign finance reports; and later presiding as judge ofthe 380th Judicial District Court,

     including presiding over and issuing favorable rulings in cases pending in the 380th Judicial

-    District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were parties


-    to pending cases;




     and the Grand Jury further presents in and to said Court at said term that:




-                                                 6


-
-
-                                        COUNT FOUR

-                                        DAVID CARY
    hereinafter styled DEFENDANT, on or about February 14,2008, and before presentment of

    this indictment, in the County and State aforesaid, did intentionally and knowingly offer,

-   confer, and agree to confer on another benefits, other than political contributions as defined

-   by Title 15 of the Election Code or expenditures made and reported in accordance with


-   Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and

    payable to James Stephen Spencer, who at the time of the payment was serving as campaign




-
    manager for Suzanne H. Wooten's campaign for nomination and election to the office of

    Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general


-   election conducted in Collin County, with the use of said funds benefitting Suzanne H.


-
    Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,

    or other exercise of discretion as a public servant, and as consideration for Suzanne H.

-   Wooten's decision, vote, recommendation, and other exercise of official discretion in a

    judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected

    judge of the 380th Judicial District Court; filing paperwork to run for judge and filing



-
    campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,

    including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial

-   District Court, a court in which DEFENDANT and his wife Stacy Stine Cary were ~~\c T
                                                                                                  ",11 1 111'""~/1



                                                                                                             c;§C-9\
                                                                                                                     .
-
                                                                                          }()./                      /-~

                                                                                         ff*/*~
                                                  7                                      =-   :




-
-
-
      to pending cases;


-     and the Grand Jury further presents in and to said Court at said term that:




-                                         COUNT FIVE


-                                         DAVID CARY

-
,
     hereinafter styled DEFENDANT, on or about February 26,2008, and before presentment of

     this indictment, in the County and State aforesaid, did intentionally and knowingly offer,




-
     confer, and agree to confer on another benefits, other than political contributions as defined

     by Title 15 of the Election Code or expenditures made and reported in accordance with

     Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine Cary


.-
     to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager




-
     for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

     380th Judicial District Court of Collin County, in the 2008 primary and general election


-    conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

     consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

     exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

-
-
     decision, vote, recommendation, and other exercise of official discretion in a judicial

     proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge o~\~~"",,,,,
                                                                                              \,\ \CT
                                                                                                           CO'III;,
                                                                                                             1,/
                                                                                          "",,-< '(\
                                                                                        .. '
                                                                                         '0'
                                                                                             . --.4.A
                                                                                               (/      .

-                                                 8
                                                                                        /~

                                                                                       !*..~
-
     3 80th Judicial District Court; filing paperwork to run for judge and filing campaign finance


-    reports; and later presiding as judge of the 380th Judicial District Court, including presiding

    over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

    court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;

-
-   and the Grand Jury further presents in and to said Court at said term that:



                                           COUNT SIX

                                         DAVID CARY

-   hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this


-   indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,

    and agree to confer on another benefits, other than political contributions as defined by Title
-
-
    15 of the Election Code or expenditures made and reported in accordance with Chapter 305

    of the Government Code, namely a $10,000 wire transfer from Stacy Stine Cary to James


-   Stephen Spencer, who was at the time of the payment serving as campaign manager for



-   Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

    380th Judicial District Court of Collin County, in the 2008 primary and general election

-
-
    conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as




-

-
-    exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's


-    decision, vote, recommendation, and other exercise of official discretion in a judicial



-
    proceeding, to wit: proceeding with a campaign to unseat the incumbent electedjudge of the

    380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

-   reports; and later presiding as judge of the 380th Judicial District Court, including presiding

    over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a



-
    court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;



-   and the Grand Jury further presents in and to said Court at said term that:


-
-
                                        COUNT SEVEN

                                         DAVID CARY



-
    hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of

    this indictment, in the County and State aforesaid, did intentionally and knowingly offer,


-   confer, and agree to confer on another benefits, other than political contributions as defined



-
    by Title 15 of the Election Code or expenditures made and reported in accordance with

    Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from Stacy Stine Cary

    to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager


-   for Suzanne H. Wooten's campaign for nomination and elf,!ction to the office of Judg@rtf;tftellllll
                                                                                           """,~\ ~\c
                                                                                             0-
                                                                                          , ,-.,
                                                                                         " .... .....
                                                                                                        ._0"-'   - •.••
                                                                                                                          CO","
                                                                                                                          , u"'. ....       ,
                                                                                                                                         :.<\',




-
                                                                                         ~<) ...                                        "'r-:-
                                                                                      ~      ··..AS

                                                  10
                                                                                     [*/
                                                                                     -
                                                                                                                                          . ;;~-
                                                                                     -
                                                                                     -                                                            -




-
:-    380th Judicial District Court of Collin County, in the 2008 primary and general election

      conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

      consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

     exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

-    decision, vote, recommendation, and other exercise of official discretion in a judicial

     proceeding, to wit: proceeding with a campaign to unseat the incumbent eJected judge ofthe



-
     3 80th Judicial District Court; filing paperwork to run for judge and filing campaign finance

     reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding

-    over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a


"-   court in which DEFENDANT and his wife Stacy Stine Cary were parties to pending cases;



     AGAINST THE PEACE AND DIGNITY OF THE STATE.

'-
-
                                                    FOREMAN OF THE G



-
-
     Witnesses:
     Glenda Anderson
     James P. Bailey
--   Kyle Basinger


-                                                  11


 -
-
-         John Beasley
          Alma Benavides
          Charity Borserine


-
         Amy Cabala
         Karen Callihan
         David Cary
         Stacy Stine Cary


-
         Alexis Katz Caughey
         George Henry Clements
         Gavin Cone
         Darlina Crowder

    -    Daniel Dodd



-
         Michael Finley




.
         Kersten Alexander Hayes
         William D. Johnson
I
         Wendy Lee Kelly
         Paul Dennis Key
         David Marion Kleckner
         Tim Lambert
         Brian Loughmiller


-
         James Mosser
         Kimberlee Perkins
         Michael Puhl
         James Stephen Spencer


    -    Kyle Swihart
         Edward Lawson Valentine IV


    -
    I    Karl Voightsberger
             ob   lC1.:;T V;·i:...'·:.')   i,.   :k,~J   VJl
                                                                             I         ~/~::! ;' ~. I :IT;.n
                                                                             ( ',-:JJ.:C) 'it)       '(T':' JC )
                                                               ~ '.r. j ",1';1' } ''Jr.),;.; )!).!'~J:{ !f~ ~r,~H .~
                                                                                           I




           :~:'::;2r;!,~'£~'~~~-:"~:":~£';;~~{':~:i;:;i:;'~
                  "HiJ) 2:):'; ,r:'I,.l,',YUJi w"ur;                                                                   12
                                           ;~/-/.·lT :{'.t::.;(f)V'.~Jr)-;

           'iTU'l30 - - - - -




    ..
-
-
-
.
..
...
•

-
 ..
 -
 ..
 -
 -
 -
  -
••    THE STATE OF TEXAS V. STACY STINE CARY

-     CAUSE # 3GCo-22?-.lA -ID
     PHYSICAL DESCRIPTION: Race W Sex:         F DOB: 0911111958 Height: 5'07" Weight: 150

-    Count One - Engaging in Organized Criminal Activity - Bribery


-    CODE SECTION:          TEXAS PENAL CODE § 71.02(a)

     DEGREE OF FELONY: FIRST           OFFENSE CODE 73991005 BOND_ _ _ __

     Count Two - Bribery

'_   CODE SECTION:          TEXAS PENAL CODE § 36.02



-
     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __




-
     Count Three - Bribery

     CODE SECTION:          TEXAS PENAL CODE § 36.02


-    DEGREE OF FELONY: SECOND OFFENSE CODE 51990018

     Count Four - Bribery
                                                                 BOND_ _ _ __



-    CODE SECTION:          TEXAS PENAL CODE § 36.02


-    DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND- - - - - -


.-   Count Five - Bribery

     CODE SECTION:         TEXAS PENAL CODE § 36.02

-    DEGREE OF FELONY: SECOND OFFENSE CODE 5] 990018             BOND_ _ _ __


-    Count Six - Bribery



-
     CODE SECTION:         TEXAS PENAL CODE § 36.02

     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018              BOND_ _ _-----:~'-'


-
-
-
-    Count Seven - Bribery


-    CODE SECTION:        TEXAS PENAL CODE § 36.02

     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018                   BOND_ _ _ _ __

-   Companion Cases: David Cary, James Stephen Spencer, Suzanne H. Wooten


-   IN THE~~ICIAL DISTRICT COURT OF COLLIN COUNTY, TEXAS




                             GRAND JURY INDICTMENT

    IN THE NAME AND BY THE AUTHORITY OF TI-ffi STATE OF TEXAS:

           THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,

    impaneled, and sworn as such at the July Tenn, A.D. 2010, of the 401 st Judicial District

    Court for said County, upon their oaths present in and to said Court at said tenn that:

                                        COUNT ONE

                                  STACY STINE CARY

-   hereinafter styled DEFENDANT, on or about and between September 19,2007 and October



-   20,2009, and before presentment of this indictment, in the County and State aforesaid, with

    intent to establish, maintain, and participate in a combination and in the profits of a

-   combination of three or more persons, namely herself, her husband David Cary, James

-   Stephen Spencer, and Suzanne H. Wooten, did commit and conspire to commit the X~too¥r~"""",
                                                                                         ,"'\.S\ Rl l, r e"'",
                                                                                         " Q . . 0"

-   offense of BRIBERY, a crime under Section 36.02 of the Texas Penal Code, asf~l <ws: "
                                                                                    =-
                                                                                    ~o:
                                                                                    ;-n:~
                                                                                          ',:...l.~
                                                                                                                          .~

                                                                                                                             6If'" =~
                                                                                                                          . '~__
                                                 2                                  ~<:,.-

                                                                                     \{;;""c - ..' \~"-V.,,
                                                                                                        ~/

-
                                                                                                                 ......
                                                                                       I, 'v
                                                                                            ""'1, / 0UNii. ,,\\,\'
                                                                                                1 /1111 ,111111'\\\\\
-
      DEFENDANT, following a series of meetings and communications between DEFENDANT,


-     James Stephen Spencer, and David Cary that began on or about September 19,2007, did

      intentionally and knowingly offer, confer, and agree to confer on another a benefit, which

     was not a political contribution as defined by Title 15 of the Election Code or expenditures

-    made and reported in accordance with Chapter 305 of the Government Code, namely one or

     more or all of the following payments, made through checks signed by DEFENDANT and


'-   wire transfers authorized by DEFENDANT and directed and made payable to James Stephen



-
     Spencer, who at the time of the payments was serving as campaign manager for Suzanne H.

     Wooten's campaign for nomination and election to the office of Judge ofthe 380th Judicial

-    District Court of Collin County, in the 2008 primary and general election conducted in Collin


-    County:

     Date of Check
     or Wire Transfer            Date ofDe2osit                     Amount of Check
     January 4, 2008             January 4, 2008                    $50,000.00

     January 30, 2008            February 4, 2008                   $25,000.00


-    February 14,2008            February 15,2008                   $25,000.00



-    February 26,2008

     March 7, 2008
                                 February 26,2008

                                 March 7, 2008
                                                                    $25,000.00

                                                                    $10,000.00

-    March 14,2008               March 14, 2008                     $15,000.00

-    with the use of said funds benefitting Suzanne H. Wooten, as consideration for   Suzann..~..lj:""·.", ..,
                                                                                           "",~'\ t'. Ie r e"""
                                                                                              .'    ~--:;                           0"


'-   Wooten's decision, opinion, recommendation, vote, or other exercise of discretion ~ ~Ji<:!!
                                                                                       :               ~"             r;,
                                                                                                                                         ~\.
                                                                                                                                          .A~

                                                   3                                   \~; ~"~*J
-
                                                                                        ~o,                                              ,r"J{
                                                                                           ~::-(f/,"                                ~~,~
                                                                                             /"',,"',/'      -   ..   ,.          \~,...."
                                                                                                          COUi"'"
                                                                                                   "~'I'11111, ~ lit I ; 1 ~","".
                                                                                                             I             I.   \ \ \'
-    servant, and as consideration for Suzanne H. Wooten '5 decision, vote, recommendation, and


'-   other exercise of official discretion in a judicial proceeding, to wit: proceeding with a

     campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing

     paperwork to run for judge and filing campaign finance reports; and later presiding as judge

-    of the 380th Judicial District Court, including presiding over and issuing favorable rulings

     in cases pending in the 380th Judicial District Court, a court in which DEFENDANT and he


-    husband David Cary were parties to pending cases;




     and the Grand Jury further presents in and to said Court at said tenn that:

-
                                          COUNT TWO

                                    STACY STINE CARY


-    hereinafter styled DEFENDANT, on or about January 4, 2008, and before presentment of this



-
     indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,

     and agree to confer on another benefits, other than political contributions as defined by Title

-    15 of the Election Code or expenditures made and reported in accordance with Chapter 305

     of the Government Code, namely a $50,000 wire transfer from DEFENDANT to James



-    Stephen Spencer, who was at the time of the payment serving as campaign manager for
L
-   380th Judicial District Court of Collin County, in the 2008 primary and general election

L   conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

    consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other




-
    exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

    decision, vote, recommendation, and other exercise of official discretion in a judicial

    proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the


-   380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

    reports; and later presiding as judge of the 380th Judicial District Court, including presiding

    over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

-   court in which DEFENDANT and her husband David Cary were parties to pending cases;


-   and the Grand Jury further presents in and to said Court at said tenn that:

-
                                       COUNT THREE
-
-
                                   STACY STINE CARY

    hereinafter styled DEFENDANT, on or about January 30,2008, and before presentment of

-   this indictment, in the County and State aforesaid, did intentionally and knowingly offer,


-   confer, and agree to confer on another benefits, other than political contributions as defined



-   by Title 15 of the Election Code or expenditures made and reported in accordance with

    Chapter 305 of the Government Code, namely a $25,000 check from DEFENDt-\N'fand . '.
                                                                                       .'*'
                                                                                                                 \"     'IIIIIIfIIlIII

                                                                                                       \. " . \\\~ \.-0\ t C T C'II~11
                                                                                                                                                       ?~\.
                                                                                                                                                                .    ....>,~
                                                                                       <~
                                                                                       :::   -~\
                                                                                                                                                                  ',*~
                                                                                         :,-,'                                                                  ir_::
                                                  5                                          C.-,·,
                                                                                                             /                                     ·;0,.~
                                                                                                                                                               ,.'"i-.J~

                                                                                              :.--:~>
                                                                                                        ',;: r. OUII\'<
                                                                                                   "     I                -                                ,     "

                                                                                                                                                           """


-
                                                                                                             •,, I •I   JI ~•   I , 11 \ , ~ \ \ \ \ \ \
     payable to James Stephen Spencer, who at the time of the payment was serving as campaign

     manager for Suzanne H. Wooten's campaign for nomination and election to the office of

     Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general

     election conducted in Collin County, with the use of said funds benefitting Suzanne H.

-    Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,

     or other exercise of discretion as a public servant, and as consideration for Suzanne H.


-    Wooten's decision, vote, recommendation, and other exercise of official discretion in a

     judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected

     judge of the 380th Judicial District Court; filing paperwork to run for judge and filing

-    campaign finance reports; and later presiding as judge of the 3 80th Judicial District Court,


'-   including presiding over and issuing favorable rulings in cases pending in the 380th Judicial

     District Court, a court in which DEFENDANT and her husband David Cary were parties to
-    pending cases;




     and the Grand Jury further presents in and to said Court at said term that:



-
-
                                        COUNT FOUR

                                    STACY STINE CARY

-                                                                                               \\\UII"III/



     hereinafter styled DEFENDANT, on or about February 14,2008, and before prese~;~t1)fr.?2;~~:,-:.


-
                                                                                        ~   "                 "   A,'

     this indictment, in the County and State aforesaid, did intentionally and knowiI~:{'" :~

                                                  6



-
-   confer, and agree to confer on another benefits, other than political contributions as defined

    by Title 15 of the Election Code or expenditures made and reported in accordance with

    Chapter 305 of the Government Code, namely a $25,000 check from DEFENDANT and
-
-
    payable to James Stephen Spencer, who at the time ofthe payment was serving as campaign

    manager for Suzanne H. Wooten's campaign for nomination and election to the office of

    Judge of the 380th Judicial District Court of Collin County, in the 2008 primary and general


-   election conducted in Collin County, with the use of said funds benefitting Suzanne H.



-
    Wooten, as consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote,

    or other exercise of discretion as a public servant, and as consideration for Suzanne H.

-   Wooten's decision, vote, recommendation, and other exercise of official discretion in a

    judicial proceeding, to wit: proceeding with a campaign to unseat the incumbent elected

    judge of the 380th Judicial District Court; filing paperwork to run for judge and filing

    campaign finance reports; and later presiding asjudge of the 380th Judicial District Court,

-   including presiding over and issuing favorable rulings in cases pending in the 3 80th Judicial


-   District Court, a court in which DEFENDANT and her husband David Cary were parties to

    pending cases;
-
-   and the Grand Jury further presents in and to said Court at said term that:




                                                  7




-
....
I



                                              COUNT FIVE

                                        STACY STINE CARY

        hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of



-       this indictment, in the County and State aforesaid, did intentionally and knowingly offer,

        confer, and agree to confer on another benefits, other than political contributions as defined

        by Title 15 of the Election Code or expenditures made and reported in accordance with

-       Chapter 305 of the Government Code, namely a $25,000 wire transfer from DEFENDANT

        to James Stephen Spencer, who was at the time of the payment serving as campaign manager



-
        for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

        380th Judicial District Court of Collin County, in the 2008 primary and general election

        conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as


-       consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other



-       exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

        decision, vote, recommendation, and other exercise of official discretion in a judicial

    -   proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the


-       380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

        reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding

        over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

    -
    -
    -
-
L        and the Grand Jury further presents in and to said Court at said term that:



                                                COUNT SIX
-                                        STACY STINE CARY
-       hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this

        indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,


-       and agree to confer on another benefits, other than political contributions as defined by Title

        15 of the Election Code or expenditures made and reported in accordance with Chapter 305
-       of the Government Code, namely a $10,000 wire transfer from DEFENDANT to James

-       Stephen Spencer, who was at the time of the payment serving as campaign manager for

... '   Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the



-
        380th Judicial District Court of Collin County, in the 2008 primary and general election

        conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

        consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

-       exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

        decision, vote, recommendation, and other exercise of official discretion in a judicial

        proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the

-       380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

 -      reports; and later presiding as judge of the 380th Judicial District Court, including presi~Jpg~"""""1111
                                                                                                                 U"'"
                                                                                                  "",<\\\'.lJ TC!O
        over and issuing favorable rulings in cases pending in the 380th Judicial District/1o'iirt, a           '.:9~\
                                                                                               t**~-

 -                                                      9




-
     court in which DEFENDANT and her husband David Cary were parties to pending cases;




L   and the Grand Jury further presents in and to said Court at said tenn that:



                                          COUNT SEVEN
L                                    STACY STINE CARY

    hereinafter styled DEFENDANT, on or about March 14,2008, and before presentment of

    this indictment, in the County and State aforesaid, did intentionally and knowingly offer,




-
    confer, and agree to confer on another benefits, other than political contributions as defined

    by Title 15 of the Election Code or expenditures made and reported in accordance with

    Chapter 305 ofthe Government Code, namely a $15,000 wire transfer from DEFENDANT

    to James Stephen Spencer, who was at the time ofthe payment serving as campaign manager




-
    for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

    380th Judicial District Court of Collin County, in the 2008 primary and general election

    conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as



-   consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

    exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

    decision, vote, recommendation, and other exercise of official discretion in a judicial

-   proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of~.tl~';,~,:,~;T"2o>",
                                                                                            ,,",' '\. \ . ""'" v -9""


-
                                                                                          ,,' -:"J             " /,',;-
    380th Judicial District Court; filing paperwork to run for judge and filing campai~ fT*flnte        ..        . ",~

                                                    10




-
     reports; and later presiding as judge of the 380th Judicial District Court, including presiding

      over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

     court in which DEFENDANT and her husband David Cary were parties to pending cases;



     AGAINST THE PEACE AND DIGNITY OF THE STATE•


..




-    Witnesses:

-    Glenda Anderson
     James P. Bailey
     Kyle Basinger
     John Beasley

-    Alma Benavides



-
     Charity Borserine
     Amy Cabala
     Karen Callihan
-    David Cary


-
     Stacy Stine Cary
     Alexis Katz Caughey


-
I
     George Henry Clements
     Gavin Cone
     Darlina Crowder



-
                                                  11




-
     Daniel Dodd
     Michael Finley
     Kersten Alexander Hayes


-
     William D. Johnson
     Wendy Lee Kelly


-    Paul Dennis Key
     David Marion Kleckner


-    Tim Lambert



-
     Brian Loughmiller
     James Mosser
     Kimberlee Perkins
~    Michael Puhl


_.
     James Stephen Spencer
     Kyle Swihart
     Edward Lawson Valentine IV

-    Karl Voightsberger


-

-
        .... "                            I,
                 j   .j   ~:."   '; .......    -':::!..

                                                          ....:". '.   .'   ~   ...   ~-   ,-:-   ."~&::..   )'J n::.:....:J:
                                                                       (I                   __ :_ '. ~,_~il:




-
                                                                                                                                12




-
..

..
...



 ..
 ..
 -    I
 -'




      I
 ~
      THE STATE OF TEXAS V. JAMES STEPHEN SPENCER
      CAUSE #3ler.e-g'J---l \5 r )D

      PHYS1CAL DESCRIPTION: Race: W Sex: M DOB: 1110911967 Height: 6'02 Weight: 230

      Count One - Engaging in Organized Criminal Activity - Bribery

      CODE SECTION:          TEXAS PENAL CODE § 71.02(a)

      DEGREE OF FELONY: FIRST           OFFENSE CODE 73991005 BOND_ _ _ __

      Count Two - Bribery

      CODE SECTION:          TEXAS PENAL CODE § 36.02

.     DEGREE OF FELONY: SECOND OFFENSE CODE 51990018 BOND_ _ _ __

      Count Three - Bribery
...
      CODE SECTION:          TEXAS PENAL CODE § 36.02

-     DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8             BOND_ _ _ __

      Count Four - Bribery

      CODE SECTION:         TEXAS PENAL CODE § 36.02




-
      DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8             BOND_ _ _ __

      Count Five - Bribery



-
      CODE SECTION:         TEXAS PENAL CODE § 36.02

      DEGREE OF FELONY: SECOND OFFENSE CODE 519900] 8             BOND_ _ _ __

      Count Six - Bribery

      CODE SECTION:         TEXAS PENAL CODE § 36.02


I
~




-
                                                1
    Count Seven - Bribery

    CODE SECTION:         TEXAS PENAL CODE § 36.02

    DEGREE OF FELONY: SECOND OFFENSE CODE 5] 990018                   BOND_ _ _ __

    Companion Cases: Stacy Stine Cary, David Cary, Suzanne H. Wooten


-   IN   THE3fe~ICIAL DISTRICT COURT OF COLLIN COUNTY, TEXAS


                             GRAND JURy INDICTMENT

    IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS:

           THE GRAND JURY, for the County of COLLIN, State of Texas, duly organized,
-   impaneled, and sworn as such at the July Term, A.D. 2010, of the 401st Judicial District

    Court for said County, upon their oaths present in and to said Court at said term that:


-                                       COUNT ONE

                             JAMES STEPHEN SPENCER

    hereinafter styled DEFENDANT, on or about and between September 19,2007 and October

    20,2009, and before presentment ofthis indictment, in the County and State aforesaid, with

    intent to establish, maintain, and participate in a combination and in the profits of a

    combination of three or more persons, namely himself, Stacy Stine Cary, David Cary, and




    a crime under Section 36.02 ofthe Texas Penal Code, as follows:


                                                 2




-
      DEFENDANT, following a series ofmeetings and communications between DEFENDANT,

      David Cary, and Stacy Stine Cary that began on or about September ] 9, 2007, did



-
      intentionalJy and knowingly offer, confer, and agree to confer on another a benefit, which

      was not a political contribution as defined by Title 15 of the Election Code or expenditures

      made and reported in accordance with Chapter 305 of the Government Code, namely one or


-     more or all ofthe following payments, made through checks signed by Stacy Stine Cary and

      wire transfers authorized by Stacy Stine Cary and directed and made payable to

      DEFENDANT, who at the time of the payments was serving as campaign manager for

      Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

...   380th Judicial District Court. of Collin County, in the 2008 primary and general election

      conducted in Collin County:

      Date of Check
-     or Wire Transfer           Date of Deposit                     Amount of Check


-
      January 4, 2008            January 4, 2008                     $50,000.00

      January 30, 2008           February 4,2008                     $25,000.00

      February 14,2008           February 15,2008                   $25,000.00

      February 26,2008           February 26, 2008                  $25,000.00

      March 7, 2008              March 7, 2008                      $10,000.00

      March 14, 2008             March 14, 2008                     $15,000.00



...
,




-
-
-
     Wooten's decision, opinion, recommendation, vote, or other exercise of discretion as a public


-    servant, and as consideration for Suzanne H. Wooten's decision, vote, recommendation, and

     other exercise of official discretion in a judicial proceeding, to wit: proceeding with a

     campaign to unseat the incumbent elected judge of the 380th Judicial District Court; filing

-    paperwork to run for judge and filing campaign finance reports; and later presiding as judge

     of the 380th Judicial District Court, including presiding over and issuing favorable rulings



-    in cases pending in the 380th Judicial District Court, a court in which David Cary and Stacy

     Stine Cary were parties to pending cases;
..
;~   and the Grand Jury further presents in and to said Court at said tenn that:




                                          COUNT TWO

                              JAMES STEPHEN SPENCER
-    hereinafter styled DEFENDANT, on or aboutJ anuary 4, 2008, and before presentment ofthis

     indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,


-    and agree to confer on another benefits, other than political contributions as defined by Title

     15 ofthe Election Code or expenditures made and reported in accordance with Chapter 305

     of the Government Code, namely a $50,000 wire transfer from Stacy Stine Cary to




-
-
•



     Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

,.   380th Judicial District Court of Collin County, in the 2008 primary and general election

     conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

     consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

     exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

     decision, vote, recommendation, and other exercise of official discretion in a judicial

     proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the

     380th Judicial District Court; filing paperwork to run for judge and filing campaign finance
l
     reports; and later presiding as judge of the 380th Judicial District Court, including presiding

     over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a


-    court in which David Cary and Stacy Stine Cary were parties to pending cases;



-    and the Grand Jury further presents in and to said Court at said tenn that:



                                        COUNT THREE
-                             JAMES STEPHEN SPENCER

     hereinafter styled DEFENDANT, on or about January 30, 2008, and before presentment of

     this indictment, in the County and State aforesaid, did intentionally and knowingly offer,



-    confer, and agree to confer on another benefits, other than political contributions as defined

     by Title 15 of the Election Code or expenditures made and reported in         accorda~~~fuT'??0~'",
-                                                                                       1*/·                                 . ;~-
                                                                                             } r . : ; / l/-~


                                                                                        ::    ;

                                                                                         \:S...                             . .~~
                                                                                                                              ,
                                                                                         -     .                              .' C/J§
                                                   5
                                                                                           ··,,'-0;···...            ,,' . ~~,/
                                                                                              "/{~ I,V C;6·G~\'\"""
                                                                                                     JIIIII".IIlU\\l\\\\\
i
I.
        Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and

..
I       payable to DEFENDANT, who at the time of the payment was serving as campaign manager


L       for Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

        380th Judicial District Court of Collin County, in the 2008 primary and general election
...
I

        conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

        consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other


-       exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

        decision, vote, recommendation, and other exercise of official discretion in a judicial

        proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the

•       380th Judicial District Court; filing paperwork to run for judge and filing campaign finance


-       reports; and later presiding as judge of the 380th Judicial District Court, including presiding



-
        over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

        court in which David Cary and Stacy Stine Cary were parties to pending cases;




-       and the Grand Jury further presents in and to said Court at said tenn that:



-                                           COUNT FOUR
-
-
                                 JAMES STEPHEN SPENCER

        hereinafter styled DEFENDANT, on or about February 14,2008, and before presentmen~,~L,,,
                                                                                                   ,\~"      T        1/"

                                                                                                ","'0,\ C. CO. /"-'»'"
...
                                                                                                                   1"
                                                                                              " '\ "\' . .. ". {J
        this indictment, in the County and State aforesaid, did intentionally and knowi~lY.offi                             " ~\
                                                                                           - .
                                                                                          ~~,
                                                                                                                               .*-~
    -
                                                                                                                               .

                                                      6                                                                            U)~
                                                                                                                     ;;1
                                                                                           \'?~'" ' 1 " . , , ' .~«;.;
                                                                                             -:;. (

                                                                                                '~,:.S' ;-/1;:'00X~"""f
                                                                                                  '111111;l;JI~I'lI\\\\'\\'"
-
--     confer, and agree to confer on another benefits, other than political contributions as defined

      by Title 15 of the Election Code or expenditures made and reported in accordance with

      Chapter 305 of the Government Code, namely a $25,000 check from Stacy Stine Cary and

      payable to DEFENDANT, who at the time of the payment was serving as campaign manager

      for SuzanneH. Wooten's campaign for nomination and election to the office ofJudge of the

      380th Judicial District Court of Collin County, in the 2008 primary and general election


-     conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as



..
      consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

      exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

      decision, vote, recommendation, and other exercise of official discretion in a judicial


-     proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge of the



-
      380th Judicial District Court; filing paperwork to run for judge and filing campaign finance




-
      reports; and later presiding as judge ofthe 380th Judicial District Court, including presiding

      over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

      court in which David Cary and Stacy Stine Cary were parties to pending cases;


••
      and the Grand Jury further presents in and to said Court at said term that:




-
..
                                                    7



'".
...

                                              COUNT FIVE

                                   JAMES STEPHEN SPENCER

        hereinafter styled DEFENDANT, on or about February 26, 2008, and before presentment of

        this indictment, in the County and State aforesaid, did intentionally and knowingly offer,

        confer, and agree to confer on another benefits, other than political contributions as defined

        by Title 15 of the Election Code or expenditures made and reported in accordance with

...,.   Chapter 305 of the Government Code, namely a $25,000 wire transfer from Stacy Stine Cary

        to DEFENDANT, who was at the time of the payment serving as campaign manager for

        Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

        380th Judicial District Court of Collin County, in the 2008 primary and general election

        conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as


-       consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

        exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's
•       decision, vote, recommendation, and other exercise of official discretion in a judicial

        proceeding, to wit: proceeding with a campaign to unseat the incumbent elected judge ofthe

        380th Judicial District Court; filing paperwork to run for judge and filing campaign finance


 -
        reports; and later presiding as judge of the 380th Judicial District Court, including presiding

        over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a

        court in which David Cary and Stacy Stine Cary were parties to pending cases;




 .-                                                   8
-    and the Grand Jury further presents in and to said Court at said tenn that:


-                                          COUNT SIX

                               JAMES STEPHEN SPENCER

     hereinafter styled DEFENDANT, on or about March 7,2008, and before presentment of this

-    indictment, in the County and State aforesaid, did intentionally and knowingly offer, confer,

     and agree to confer on another benefits, other than political contributions as defined by Title

     15 of the Election Code or expenditures made and reported in accordance with Chapter 305

     of the Government Code, namely a $ 10,000 wire transfer from Stacy Stine Cary to

     DEFENDANT, who was at the time of the payment serving as campaign manager for


-    Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the



'-
     380th Judicial District Court of Collin County, in the 2008 primary and general election

     conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as

     consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other


-    exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

     decision, vote, recommendation, and other exercise of official discretion in a judicial




-
•
     proceeding, to wit: proceeding with a campaign to unseat the incumbent electedjudge of the

     380th Judicial District Court; filing paperwork to run for judge and filing campaign finance

     reports; and later presiding as judge of the 380th Judicial District Court, including presidwg
                                                                                         "","'\ ?'\C T.:p0""",
                                                                                              ,\' \   ~,   11/" II,




     over and issuing favorable rulings in cases pending in the 380th Judicial     Distri~Urt,'v~
                                                                                      f*/··./;
-
                                                                                      ::  ~                           ~
                                                   9



-
-
-   court in which David Cary and Stacy Stine Cary were parties to pending cases;




-
    and the Grand Jury further presents in and to said Court at said term that:



                                       COUNT SEVEN

                             JAMES STEPHEN SPENCER


-   hereinafter styled DEFENDANT, on or about March 14, 2008, and before presentment of



-
    this indictment, in the County and State aforesaid, did intentionally and knowingly offer,

    confer, and agree to confer on another benefits, other than political contributions as defined

    by Title 15 of the Election Code or expenditures made and reported in accordance with


-   Chapter 305 of the Government Code, namely a S15,000 wire transfer from Stacy Stine Cary

    to DEFENDANT, who was at the time of the payment serving as campaign manager for

    Suzanne H. Wooten's campaign for nomination and election to the office of Judge of the

    380th Judicial District Court of Collin County, in the 2008 primary and general election


-   conducted in Collin County, with the use of said funds benefitting Suzanne H. Wooten, as



-   consideration for Suzanne H. Wooten's decision, opinion, recommendation, vote, or other

    exercise of discretion as a public servant, and as consideration for Suzanne H. Wooten's

-   decision, vote, recommendation, and other exercise of official discretion in a judicial


-
-
      reports; and later presiding as judge of the 3 80th Judicial District Court, including presiding

      over and issuing favorable rulings in cases pending in the 380th Judicial District Court, a



-
      court in which David Cary and Stacy Stine Cary were parties to pending cases;




-    AGAINST THE PEACE AND DIGNITY OF THE STATE.




..   Witnesses:


-    Glenda Anderson
     James P. Bailey
     Kyle Basinger
     John Beasley
     Alma Benavides
     Charity Borserine
-    Amy Cabala
     Karen Callihan
-    David Cary


-
     Stacy Stine Cary



..
     Alexis Katz Caughey

I
     George Henry Clements
     Gavin Cone
     Darlina Crowder




-                                                  11
,
I

~




~                Daniel Dodd
                 Michael Finley
~
                 Kersten Alexander Hayes

...              William D. Johnson



.
             Wendy Lee Kelly
             Paul Dennis Key
             David Marion Kleckner

...         Tim Lambert
            Brian Loughmiller
            James Mosser
            KimberIee Perkins

-           Michael Puhl
            James Stephen Spencer
~          Kyle Swihart
           Edward Lawson Valentine IV
           Karl Voightsberger



-

l.



          o~ ,lr/:T'r~,L'):) ':::;~JJv..'!           tr'JO.
            '((i,:j 1,_~~~'; ;1.,:': i'" "
      ~~: ::-'                               '.':,~~; ~ ~.'.
       ';c") I?r:I2!'.J     ·,n: '. . ,., .. ~                         ... ; ,c ....•,'"' :
                                                                      ··-.r "': :I.:..~ •
            (.~:!; .~.J) tJ!.f' -,- '..;~ !_:-~       t        "'.-
                                                                       • '•• _____      ~J    ~




      '{T:JQ30 _-_ ...- - - - - - - - - - ._.                                                     12



...
I
•
-
•
-
-
    ....




      ..
-
-                                           John L. McCraw, Jr.
                                     Senior Justice, 5tb Court of Appeals

-                                     Qualified StatelFederal Mediator
                                                708 N. Waddill
                                           McKinney, Texas 75069

      OFFICE ADDRESS                                                      DALLAS PHONE:      (972) S62-6262
      141S HARROUN ST.                                                      LOCAL PHONE:     (972) S42-6262
      McKINNEY, TEXAS 75070                                                 FACSIMILE:       (972) S48-C454


•
                                                                            nOME PHONE:      (972) 542-1263


                                               November 17,2010

-     Honorable John Ovard, Presiding Judge                  Brian L. Webb, Esq.


-
      First Administrative Judicial Region                   The Webb Family Law Finn
      133 N. Industrial Blvd., LB 50                         325 N. St. Paul, Suite 4450
      Dallas, Texas 75207                                    Dallas, Texas 75201

      William F. Neal, Esq.                                  Thomas M. Michel, Esq.
      Attorney at Law                                        Griffin, Jay & Michel


-
      401 East Corporate Drive, No. 200                      2200 Forest Park Blvd.
      Lewisville, Texas 75075                                Fort Worth, Texas 76110

              Re:      Cause No. 380-54606-03; In the Interest o/C.HC. and S.Me. Children

-                      380th Judicial District Court, Collin County, Texas

      Gentleman:

             Enclosed you will find a copy of an Order of Recusal, which I have filed this date in the
      above-referenced action.

               Please recall that in March 2009, I was appointed as a visiting judge to hear and rule upon the
      sanctions issue returned to the 380th District Court by the Court of Appeals. Thereafter, I conducted
-     several hearings and ruled that because a mandamus is directed against the actions of the present
      sitting judge, a de novo hearing would be proper. The previous sanctions were set aside and a de
      nova hearing was offered. My ruling was appealed, but no request was made for a de nova hearing.

              After the sanctions ruling, it was brought to my attention that a Motion to Modify was also

-     pending at the time of my appointment. Numerous hearings were held and the case was set for a jury
      trial. Before the jury trial, there was a hearing asking that the children's school be changed to Fort
      Worth. I denied the requested school change and specially set the case for jury trial on February 1,
      2010, hearing the mid-semester of the children's school. This jury trial setting was continued by
      agreement to February 8, 2010.


...         Shortly before the scheduled February 8th jury trial, the parties agreed to mediate. The
      Honorable Linda Thomas conducted the mediation and a Mediated Settlement Agreement was filed


-
-
                                                                                                   NOV    .j   iJ ZOW
    Honorable John Ovard, Presiding Judge
    Brian L. Webb, Esq.
    William F. Neal, Esq.
    Thomas M. Michel, Esq.
    November 17, 2010
    Page 2




-
    and adopted. On February 9, 2010, I was informed that all jury issues had been resolved and ajury
    trial was not required.

            After additional hearings were held and evidence heard, I sent a ruling on May 7, 2010 to
    counsel and filed same with the District Clerk. On May 14,2010, the Respondent filed a Motion to
    Vacate the Mediated Settlement agreement. This motion was denied and on August 3, 2010, the

-   Final Judgment was signed and entered.

            A Findings of Fact was requested and on August 16, 2010, a fact finding was filed and a
    Motion for New Trial denied. All rulings were made on or before August 16, 2010, after which a
    filing of a Notice of Appeal ended the case at the trial level.


-           On October 14,2010, a criminal indictment was returned against one of the parties. It was on
    that date I first became aware of my son-in-Iaw's criminal defense representation for that party.


-           As a part of the May 7, 2010 Judgment, I ruled that if requested a review hearing would be
    held in December 2010 after the children's fall school term had ended. As my son-in-law is the
    criminal defense attorney for one of the parties in a criminal case, it is my belief that another judge
    should conduct any future requested hearings in this case.

                                                           Sincerely,

                                                                           -/-~(,w~.
                                                                        cCraw, Jr.

    JLMlae
    Enclosure
    cc:    Hanna Kunkle, District Clerk
           Collin County Courthouse
           2100 Bloomdale Road, Suite 10353
           McKinney, Texas 75071


-


-
-                                           No. 380-54606-03

-    IN THE INTEREST                                 §
                                                     §
                                                                IN THE DISTRICT COURT


-    OF

     C.H.C. AND S.M.C. CHILDREN
                                                     §
                                                     §
                                                     §
                                                                380TII JUDICIAL DISTRICT

                                                                COLLIN COUNTY, TEXAS

-                                        ORDER OF RECUSAL

            On the Court's own motion, I respectfully recuse myseJ f and request that the Presiding



-
     Judge of the First Administrative Region assign ajudge to hear the above case, pursuant to the

     provisions of Rule 18a T.R.C.P.
                               'dl':
            ORDERED this ~ day of November, 2010.



-
-




-


'-
    lOt   .'




                                CAUSE NO. 05-10-01071-CV


                               IN THE COURT OF APPEALS
                                FIFTH DISTRICT OF TEXAS
                                       AT DALLAS



                          IN RE JENNIFER CARY, Relator
I
II.
                                 Original proceeding from the
                      38(jh Judicial District Court, Collin County, Texas,
                  Cause No. 380-54606-03,' the Honorable John L. McCraw, Jr.


-                    REAL PARTY IN INTEREST'S RESPONSE TO
                        PETITION FOR WRIT OF MANDAMUS
                       AND EMERGENCY MOTION FOR STAY


-
               AND REAL PARTY IN INTEREST'S MOTION FOR SANCTIONS




-
                                               Julia F. Pendery, Attorney at Law
                                               State Bar No. 15744050


'-
                                               3030 LBJ Fwy, Suite 1630, LB 50
                                               Dallas, TX 75234
                                               972-243-1999 Telephone
                                               972-243-8999 Fax

                                               ATfORNEY FOR
".-                                            DAVID FREDERICK CARY


-                                              REAL PARTY IN INTEREST




    -
    -
-
           David F. Cary ("Father"), Real Party in Interest in the above-styled

     proceeding, responds to Relator's Petition for Writ of Mandamus and


L    Emergency Motion for Stay and moves this Court to sanction Relator for

     tiling a frivolous petition and motion as follows:

L                                           I.
                               Procedural Background
           On August 25, 20 I 0, Relator, Jennifer Cary ("Mother"), by and


-    through her attorney, Thomas M. Michel, filed a Petition for Writ of

     Mandamus and an Emergency Motion for Stay from a post-divorce motion

     for modification of child support and possession decided in the 380 th District
-.
     Court of Collin County, Texas on August 3, 2010. The Honorable John L.


'-   McCraw, Jr., who had conducted many hearings and several days of trial


-    following remand of a previous appeal in this case, is the respondent.

           In the prior appeal, No. 05-07-01289-CV, this Court remanded a

-    proceeding that had consolidated Father's appeal from a sanctions order with

-    Father's attorney's petition for writ of mandamus from the same sanctions


-    order. The Court abated and remanded under TEX. R. ApP. P. 7.2 because

     the trial judge who signed the sanctions orders, Hon. Charles Sandoval,

     ceased to hold office during the pendency of the mandamus petition. The

-    Court was required to allow the new judge of the 380 th District Court, Hon.


     REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
     PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
     MOTION FOR STAY AND MOTION FOR SANCTIONS                              PAGE2
         Suzanne Wooten, to consider the sanctions order before this Court could

         address the merits of the petition for writ of mandamus. TEX. R. ApP. P.

I        7.2(b).
L.
                On the Friday before the Monday on which Judge Wooten was to
L
I



         reconsider Judge Sandoval's decision on the sanctions, Mother hired the law

-..
I        firm in which Judge Wooten's campaign treasurer was a partner.                           This

         caused Judge Wooten to recuse herself.                She referred the matter to the



-
         presiding judge of the administrative region, Hon. John Ovard. Judge Ovard




-
         appointed Judge McCraw to hear the case. (See Exhibit A attached hereto).

                Judge McCraw heard numerous contested matters between the parties,

         including six days of trial of Father's petition to modify a December 1,2006

         order of modification signed by Judge Sandoval. On August 3, 2010, Judge

         McCraw signed an order incorporating several agreements of the parties and


-        changing both parents' possession times and support obligations. The order


-        gave the primary possessory interest to Father during the school week and

         ordered mother to pay child support to Father. I School was to start

         approximately two weeks after that order was signed.

    -
    -    IMothcr was ordered to pay 25% of her monthly net resources, per the Family Code guidelines.
         Father had been paying 85% of his net resources under the December 1.2006 Order.

         REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
         PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
         MOTION FOR STAY AND MOTION FOR SANCTIONS                                            PAGE)

    '-
    -
...

-
                                             II.
                        Response to Petition for Writ of Mandamus

L              The sole basis of Mother's Petition for Writ of Mandamus and Motion

         for Emergency Stay is Mother's claim that Judge McCraw was never

         officially appointed to sit on the case. Mother claims that since Judge

         McCraw has never been officially appointed by Judge Ovard, everything

...
,
I
         Judge McCraw has done in the case since April 29,2009 is void .

               Mother states that she has investigated the existence of such an Order

         by looking at the Collin County District Clerk's docket sheet for Cause No.

-        380-54606-03, the 380 lh District Court's handwritten docket notations, and

-        Judge Ovard's website. She has asked trial counsel if he has an order of


-        assignment of Judge McCraw and he does not. Relator's counsel apparently



-
         did not ask Judge McCraw or Judge Ovard whether either had a copy of the

         assignment order.

-              Upon receipt and reVIew of the Emergency Motion for Stay and

         Petition for Writ of Mandamus, Father's appellate counsel inquired of Judge

         Ovard's office whether it had a copy of the order of assignment.        (See

         affidavit of Julia Pendery at end of this motion). Judge Ovard's office faxed

-        a copy of the Order that appointed Judge McCraw to sit for the duration of


    -    REAL PARTY IN INTEREST'S RESI>ONSE TO JENNIFER CARY'S
         PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
         MOTION FOR STA Y AND MOTION FOH SANCTIONS                           PAGE4




    ..
     the case, which was signed March 9, 2009 by Judge Ovard. It is attached as

     Exhibit A.    Given the existence of a valid order that appointed Judge

     McCraw for the duration of the case, ather asks this Court to deny the
..
     Motion for Emergency Stay and the Petition for Writ of Mandamus because
.    neither have any merit. (See Exhibit A).


-                                       III.
                                Motion for Sanctions

           This is certainly not the first time Mother has put Father and his

     attorneys to unnecessary expense. Father asks this Court to sanction Mother

     for the filing of a groundless petition and a misleading statement and record,

     pursuant to TEX. R. ApP. P. 52.11, which reads as follows:

           Groundless Petition or Misleading Statement or Record.
           On motion of any party or on its own initiative, the court may -
           after notice and a reasonable opportunity to respond - impose
           just sanctions on a party or attorney who is not acting in good
           faith as indicated by any of the following:

-                 (a)   filing a petition that is clearly groundless;

-                 (b)   bringing the petition solely for delay of an


-
                        underlying proceeding;

                  (c)   grossly misstating or omitting an obviously
                        important and material fact in the petition or
                        response; or


-
                  (d)   filing an appendix or record that is clearly
                        misleading because of the omission of obviously


-
                        important and material evidence or documents.
     REAL PAlny IN INTEREST'S RESPONSE TO JENNIFER CARY'S
     PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
     MOTION FOR STAY AND MOTION FOR SANCTIONS                             PAGES




-
..
-          In filing the petition and motion, Mother has violated all four statutory

-    grounds for sanctionable conduct:      1) The petition is clearly groundless

     because a simple inquiry of Judge McCraw about whether he had in his


-    possession an order appointing him to sit on the case would have revealed

     the lack of merit of the Petition; 2) The Motion for Emergency Stay was

     brought solely to delay the children's move to the Father's house for the

-    school year, as ordered in Judge McCraw's August 3, 20 I 0 order; 3) The

     Motion for Stay and the Petition for Writ of Mandamus omit an obviously-

     important and material fact.     Mother avoids saying directly that no such
-    order exists, but it is clear from her statement of what inquiry she made

-    regarding such an order that the most obvious path of inquiry was


-    deliberately excluded; and 4) The appendix filed by Mother was clearly



-
     misleading because it omitted the obviously-important document that Father

     has now supplied to the Court.

-          Father seeks sanctions in at least the amount of attorney's fees he has


-    incurred for his attorneys to respond to the Emergency Motion for Stay and

     Petition for Writ of Mandamus in an immediate fashion. His attorney, Julia

     Pendery, has attested to her efforts on Father's behalf in an affidavit attached

     at the end of this motion.

     REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
     PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
     MOTION FOR STAY AND MOTION FOR SANCTIONS                               PAGE6




 -
-
-
              Real Party in Interest, David Frederick Cary, prays that the Court

       deny Relator's Emergency Motion for Stay and Petition for Writ of

       Mandamus.      David Frederick Cary further prays that the Court impose a

       sanction against Relator, Jennifer Cary, in the minimum amount of



-
       $6,500.00, and direct her to make payment to David Frederick Cary. Real

       PaJ1y in Interest prays for such other relief to which he may show himself

-      justly entitled.


-                                           Respectfully submitted,


-
-                                           J ia F. Pendery, Attorney at aw
                                            State Bar No. 15744050


-
                                            3030 LB] Fwy, Suite 1630, LB 50
                                            Dallas, TX 75234
                                            972-243-1999 Telephone
                                            972-243-8999 Fax



-
                                            AITORNEY FOR
                                            DA VID FREDERICK CARY



-
                                            REAL PARTY IN INTEREST



....

-      REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
       PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
       MOTION FOR STAY AND MOTION FOR SANCTIONS                         PAGE 7


-
-
                               CERTIFICATE OF SERVICE

              I certify that on the 31 st day of August, 2010, a true and correct copy

        of Real Party in Interest's Response to Jennifer Cary's Petition for Writ of
..      Mandamus and Emergency Motion for Stay and Real Party in Interest's

        Motion for Sanctions was mailed by First Class United States Mail to the

        following people:

           Thomas M. Michel                      Honorable John L. McCraw, Jr.

-          Griffith, Jay & Michel, LLP
           2200 Forest Park Blvd.
                                                 Justice Retired
                                                 1415 Harroun Avenue
I          Fort Worth, TX 76110                  McKinney, TX 75069
i-


              I emailed a copy of the foregoing document to Thomas Michel and to

        Relator's trial counsel, Byron Henry and William Neal, on August 31,2010.

        A c.d containing the document was also delivered to the Court of Appeals.

              Signed August 31, 20 10.


-                                                    Julia F. Pendery




-

        REAL PARTY IN INTEREST'S RESPONSE TOJENNIFER CARY'S
        PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
        MOTION FOR STAY AND MOTION FOR SANCTIONS                             PAGE8




    -
                                                                                -
                     AFFIDAVIT OF JULIA F. PENDERY

    ST ATE OF TEXAS           *
                              *
    COUNTY OF DALLAS          *

          BEFORE ME, the undersigned authority, appeared Julia F. Pendery,

    who is known to me, and who upon her oath deposed and stated the

    following:

                 My name is Julia Fields Pendery.      I am an attorney
          I icensed to practice law in the State of Texas since 1978.    I
          represent David Frederick Cary in appellate matters in the case
          styled In the Interest of CH.C and S.M.C, Cause No. 380-
          54606-2003. I was retained to represent David F. Cary in the
          Petition for Writ of Mandamus and Emergency Motion for Stay
          fi led on August 25, 20 lOin the Court of Appeals for the Fifth
          District of Texas in Cause No. 05-10-01071-CY, styled In Re
          Jennifer Cary.
                 I was contacted by Mr. Cary's trial attorney on
          August 26, 2010 and informed of the filing of the mandamus
          petition and motion for emergency relief.        I reviewed the
          Motion and Petition with accompanying appendix and reviewed
          selected items from my file in the case to verify some dates and
          events and to see if I had a copy of the order of appointment. I
          made inquiries of Mr. Cary and his trial attorneys regarding
          whether they had a copy of the order appointing Judge McCraw
          to sit on the case. I then called Judge Ovard's office and asked

    REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
    PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
    MOTION FOR STA Y AND MOTION FOR SANCTIONS                           PAGE9




•
-          his assistant to help locate a copy of the signed order appointing
           Judge McCraw to sit on the case.          Judge Ovard's office
           obtained a copy of the order and faxed it to me. A true and
           correct copy of that order is attached as Exhibit A to Real Party
           in Interest David F. Cary's Response to Jennifer Cary's Petition
           for Writ of Mandamus and Emergency Motion for Stay and
           Real Party in Interest's Motion for Sanctions.
                 In responding to the Petition for Writ of Mandamus and


-
           Motion for Emergency Stay, I reviewed the petition and motion
           and portions of the Cary record attached to them, as well as
           other parts of my Cary file and the trial court's record. I spoke
           with Judge Ovard's assistant on three occasions, spoke to my

-          client on four occasions, and spoke with my client's trial
           attorney's office on two occasions. I have emailed back and
.-         forth with my client's trial counsel several times. I reviewed the
           applicable appellate rules regarding mandamus and emergency
           relief. I drafted the response to which this affidavit is attached


-          and this affidavit. In doing the above described tasks, I have
           spent twelve hours of attorney time.


                               aI
-
                 Signed this        S( day of August, 2010.




                                                ~1.(?~
                                                 Julia F. Pendery




     REAL PARTY IN INTEREST'S RESPONSE TO JENNIfER CARY'S
     PETITION FOR WRIT OF MANDAMUS AND EMERGENCY
     MOTION FOR STAY AND MOTION FOR SAI'iCTIONS                           PAGE 10

-
-
           SUBSCRIBED AND SWORN TO BEFORE ME by the said Julia F.
                         oJr
     Pendery on this 3/ - day of August, 2010.
                     n




     My Commission Expires:
..       /0 '.29 ~ {3




-

-

-
-    REAL PARTY IN INTEREST'S RESPONSE TO JENNIFER CARY'S
     PET!TlON FOR WRIT OF MANDAMUS AND EMERGENCY
     MOTION FOR STAY AND MOTION FOR SANCTIONS               PAGE II




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                                                               ...
                                                                          "

                                                                                         '.,'.
                                          '   ........   '   :.' ..~ .....:: ::::.', . ,. , ~.~ ~ "
                                                                     '




                                     THE STArt; OF TEXA&
                           FIRST ADMINISTRATIVE JUDICIAL REGION
                        ORDER Oft A86IGNMENT BY THE PRSSIDING JUDGE




       Pursuant to Article 74.056. Texas Government Code, I hearby assign the:

                       Honol'abie John L. McCraw Jr.,
                Senior Justice of The 5th Court Of Appeals
                To The ~aOth Oi8trlc:t Court af Cailln Count)'. Texas,
               This assignment is for the period of 1 days beginning 319/2009, providing
       that 'the assignment shall continue after the speclfled period of time 8S may be
       llecasSaJy for the assigned Judgs to complete trial of any case or caseij begun
       during this period. and to pass on motiens for new ilial and all other matters
       growing out,of oasas tried by the JUdge heT8in assigned during this period. or the
       undersigned presiding judge has termlnaled thIs asslgntnent In writing. whichever
       occurs first.
               CONDITlON(S) OF ASSIGNMENT (IF AN'f]:
       To hear Cause No, 380.5460&.2003: In the Interest of Chr1stlaha Helan Cary and
                             minor children.


-
                  The Clerk Is directed to post a ~y of this· assignment 011 the noUce board
           so that al10meys and partJeli may be advised of this assignment, In accordance
           with the law.

                 ORO~RED this       q     day of                              111 a+d..                                 .20P-j


                                        ~ Arst Administrattva Judicial Region,
           ATTEST:




                                                                                                                            ~ 1~I.:!
    lQ'd        Ol:Sl 0100     9~ 6n~                                    LS6~£S9171~:~.:!
                                                                                       1"""!,.
                                                                         . . , , . .....                                  'fl!"M"·Wnme2'"


-
     Writ of Mandamus Denied, Opinion issued September         JA 2010.




-                                       (!tOltrl
                                                   In The
                                                of .2\pp eal.s
                             lIl'iftq1Disfri.cf of IDexal1 at ilallan
                                           No.05-10-01071-CV


                                   IN RE JENNIFER CARY, Relator


                      Original Proceeding from the 380th Judicial District Court



-
                                        Collin County, Texas
                                 Trial Court Cause No. 380-54606-03


                                  MEMORANDUM OPINION
'-                              Before Justices Moseley, Lang, and Myers
                                        Opinion by justice Myers

-           Reliaor contenqs that respondent the Honorable John McCraw, Jr. 's orders in the underlying

     case arc void because respondent was never properly assigned to hear the case. The facts and issues

     are well known to the parties, so we need not recount them herein. Based on the record before us,

-    we conclude relator has not shown she is entitled to the relief requested.    See TEX. R. App. P.



-
     52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Accordingly, we DENY relator's

     petition for writ of mandamus.




 -                                                          Le&?#~
                                                            JUSTICE


 -   lOl071F.P05



 -
 -
      Order issued September ;(D/O 10




-
                                                     In The
                                          Qtourt of ..AppeaLs
                               lJriftl1 IDistrirt of <:ih~xas at IDalias
                                             No.05-10-01071-CV


-                                    IN RE JENNIFER CARY, Relator


                       Original Proceeding from the 380tb Judicial District Court
                                         Collin County, Texas

...
                                  Trial Court Cause No. 380-54606-03


                                                 ORDER

-                                 Before Justices Moseley, Lang, and Myers

                     Based on the Court's opinion of this date, we DENY relator's petition for writ of

      mandamus. We further DENY real party in interest's motion for sanctions. We ORDER that


-     relator bear the costs of this original proceeding.



-
-                                                             ~
                                                              LANA MYERS
                                                              JUSTICE

 -
 -
 -

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