FILED IN COURT OF APPEALS jgth Court of Appeals District CASE NUMBER 12-14-00211-CV TRIAL COURT CASE NUMBER 3-4200
JOHN R. SOARD, PRO SE TWELFTH COURT Of ABKMgr' S. LUSK APPELLANT
V. 1517 FRONT STREET, SUITE 354
SHEILA SMITH, B. JEFFERY DORAN, MARY PAGE AND TERRY THORN TYLER, TEXAS 75702
MOTION FOR TWELFTH COURT OF APPEALS ENFORCE ALL RULES AND PROCEDURES IN THE TEXAS RULES OF COURT
TO THE HONORABLE JUDGES OF SAID COURT:
Comes now John R. Soard, Appellant and will identify for the Court conduct where
the Defendants, the Clerks, a Court Reporter, the attorneys and the acting Judges have refused
to abide by many rules and procedures mandated by SECTION 9. TEXAS RULES OF
PROFESSIONAL CONDUCT.
The Appellant will also identify, with clear and convincing evidence, conduct of
certain people that were in violation of Texas Extortion Laws, Texas Penal Code, Title 7,
Chapter 31, and Texas Perjury Laws, Penal Code, Title 8, Chapter 37.
EXTORTION. TEXAS PENAL CODE TITLE 7 CHAPTER 31
On or about May 12, 2011, Mary Soard told John Soard that Shelia Smith formed a
group, Sheila Smith, B. Jeffery Doran and Mary Page, that conspired to disallow, as evidence,
the AGREEMENT IN CONTEMPLATION OF MARRIAGE and to acquire part of John's property.
The conspirators took this case from the docket of Judge Mark Calhoon, where it was
set for complete resolution and immediately set a hearing by Doran. The case was still on
Judge Calhoon's Docket after Doran held a hearing at about 4: 30 pm.
The Conspirators, likely with the help of the clerk's office, doctored the Records
sometime after May 18, 2011. Reporter's Record signed 7/15/2011 page 30. RR 7/15 pg. 30
The conspirators refused to allow John Soard time to hire an attorney. RR 7/15/2011, PG 5.
During the hearing on May 18,2011, the conspirators acting through Conspirator,
Judge Doran, in direct violation of the CONSTITUTION OF THE UNITED STATES OF AMERICA
and in direct violation of the "AGREEMENT IN CONTEMPLATION OF MARRIAGE" ORDERED:
John to vacate his personal residence at 2201 N. Jackson St in Palestine, TX since 1998 and give full and sole possession to Mary;
Ordered John to pay most of Mary's expenses and pay her $750.00 monthly in support.
Seized Court Control of John's Personal Management Accounts with absolutely no
withdrawal of cash for any reason, without specific authorization by Doran, or Smith.
Investments Value $1, 977,678.88, Cash $377, 564,14 CR pg. 112/114
THIS LEFTTHE ALLOCATIONS OF INCOME OF BOTH PARTIES, COMPUTED DIRECTLY FROM THE JUDGE'S ODER; JOHN HAD $37. /MO AND MARY HAD $2,528/MO. Clerks Record, page 81 Judge swore this was an equitable and necessary distribution!
A complete copy of the "AGREEMENT IN CONTEMPLATION OF MARRIAGE" is shown in the Clerk's Record dated 8/6/2014. CR pg. 95-106. (CR pg. 95-106)
Property list of John Soard, CR pg., 106. Property list of Mary Page CR pg. 105. No Spousal Support CR pg. 100 art 17
EXTORTION LETTER, DATED JUNE 30, 2011, SIGNED BY SHEILA SMITH (CR, pg. 81) STATED THAT IF JOHN WOULD GIVE HIS HOUSE AT 2201 NORTH JACKSON STREET TO MARY AND GIVE $10,000.00 OF HIS CASH, FOR THE JUDGE AND LAWYER, HE COULD HAVE CONTROL OF HIS REMAINING CASH AND SECURITIES AND QUIT PAYING MARY'S EXPENSES AND SPOUSAL SUPPORT.
AFTER DORAN RESIGNED ABOUT SEPTEMBER 23, 2011, AND SHELIA SMITH TOLD JOHN THAT NEITHER THORN OR SMITH DID ANYTHING BECAUSE THEY DECIDED TO JUST NEGOIATE THIS CASE, JOHN COULD NOT LIVE ON $37.00 FOR ANOTHER MONTH SO HE WAS FORCED TO SIGN A DEED TO HIS PROPERTY AS A RESOLUTION TO THE EXTORTION BEFORE THE JUDGE EVEN ARRIVED FOR THE HEARING ON OCTOBER 17,2011!
THIS IS NOT ONLY EXTORTION BUT SHOULD BE CLASSIFIED AS A FIRST DEGREE FELONY, PUNISHABLE BY FIVE TO NINETY-NINE YEARS IN PRISON
THE COURT STATED John's Rights were not violated because, "Anything that either party owns any interest in or has any access to or any control of would be subject to it (Court Control)." Just above this statement The Court," whether ifs specified or not." Reporter's Record signed on 7/15/2011 pg. 10 Judge saying he had authority to ignore "Agreement in Contemplation of Marriage and Trust.
THE CONSTITUTION OF THE UNITED STATES SAYS HE DOES NOT HAVE THAT AUTHORITY.
PERJURY TEXAS PENAL CODE TITLE 8. CHAPTER 37
During the hearing the night of May 18, 2011, Mary Soard and Sheila Smith stated, after
they were sworn, Mary Soard had approximately $1,500.00 per month coming in. RR pg. 17, Inl3
Mary actually had approximately $3,211.00 coming in or available. DETAILS ATTACHED AS EX II
During the hearing on October 17, 2011, The Court finally allowed John to tell that
Mary and Smith swore under oath that Mary had $1,500.00 coming in. She actually had much
more than that! TEXAS PENAL CODE IDENTIFIES THIS AS PERJURY
Jeffery Doran said he couldn't address perjury, unless it was in a proper motion
and refused to accept supporting documents that John offered him. REPORTER'S RECORD SIGNED OCTOBER 31, 2011 PAGE 10 THROUGH 14 (ATTACHED AS EXHIBIT IV)
CONDUCT BY COURT CLERKS AND ONE COURT REPORTER
The Court Clerks and Misty McAdam's, Court Reporter, have refused to submit the
files necessary to file a complete brief.
The Appellant's Designation of Records necessary to file a Brief was filed on the
Eighteenth of February, 2014. This document identified the records for all cases necessary to file the Appellant's Brief. Clerk's record, page 29.
By letter dated July 28, 2014, the Appeals Court Clerk notified all Clerks and Reporters
that records were due on May 19, 2014, but gave them a two month extension until
August 7, 2014 to file the records.
It was noted on 9/1/14, one volume of the clerk's record was filed, but only for
Case #3-42003. All records filed before their consolidation into case #3-42003, were ignored.
Court Reporter Waldrip also filed 3 volumes of her Reporter's Records. She cooperated
with the Appellant to identify the missing parts and filed the Supplemental Record. This
completed her duties in compliance with the TEXAS RULES OF COURT.
Finally on November 24, 2014, McAdams filed her reporter's records for Case
Number CCL-11-11178.
McAdams promised she would provide a copy to the Appellant as soon as she got an
e-mail address. She has ignored several notifications so the Appellant does not know if they the
same two volumes furnished to him per his request at the end of each hearing were filed.
Based on the one volume sent by the clerk, a charge of $3.10 is charged for
each page. The only reason to refuse or delay sending the files is because someone from the
Clerk's office assisted the judge and attorney in changing the cases from the Docket of Judge
Mark Calhoon and any investigation would show this.
Misty McAdams is the Official Reporter-Anderson County Court at Law; therefore she
Is under direct control of B. Jeffery Doran.
Although the Clerk had filed absolutely nothing on Cases 3-42005, 3-42004, 3-41396
And CCL-11-3178, THE DISTRICT CLERK SIGNED THAT ALL RECORDS WERE FILED. CR PG 124
By letter dated January 8, 2015, signed by Katrina McClenny, second page, "This Court
Considers the appellate record in the above styled and numbered case to be complete."
TEXAS CODE OF JUDICIAL CONDUCT
CANNON 1; UPHOLDING THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY
CANNON 3; PERFORMING THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY
(8)" A judge shall accord every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard."
Neither Judge allowed John Soard to be heard or accepted evidence from him.
CONDUCT OF B. JEFFERY DORAN
Mary Soard filed her petition for Divorce, Cause Number 3-41396, on March 11, 2011.
This Cause was set for hearing on the docket of Judge Mark Calhoon, Third Court. The
requested distribution for property was to be in accordance with "THE AGREEMENT IN
CONTEMPLATION OF MARRIAGE" made, signed and notarized on January 15,1993.
On or about May 11, 2011, Attorney Sheila Smith told Mary Soard that she knew a judge
(later, identified as Jeffery Doran) that she could bribe. Mary would not have to abide by the
"AGREEMENT IN CONTEMPLATION OF MARRIAGE she signed in 1993 and Smith would at
least get John's house in Palestine and enough money from John's separately owned
funds to pay fees and bribe the judge.
On May 11, 2011, Smith filed a petition, cause number CCL-16-13178. The Cover letter
of this Petition states that John had until June 6,1911 to retain a lawyer and file an answer. EX I
On May 18, 2011, when Smith objected to hearing Cause No. 3-41396, the one ripe for
hearing and Doran started on the one just filed. John immediately requested time to get and
brief an attorney. Doran denied this request (RR 7/15/2011 PG 5&6), EX IV and issued a Temporary
Order, based almost totally on lies by Mary Soard, instructed and coached by Smith, that left
John $37.00 per month of his income, to live on and allowed Mary $2,528.00, including spousal
Support of $750.00 per month that the Court ordered John to pay.
Doran also ordered John out of his house that had been his permanent residence since
about May 1998, and gave sole and complete possession of it to Mary.
Doran signed the Order saying the distribution, ($37.00 to John and $2,528.00 to Mary plus
John's house at 2201 N. Jackson St.) to Mary as equitable and necessary. (RR PG 81)
Smith told Doran that John could live his property at Clarksville, AR, 350 miles away from
the court with no funds to travel back andforth.
Doran also ordered both Mary and John to prepare property lists and submit a copy to
the Court and opposing party.
John mailed his property list to his Attorney, Terry Thorn on or about June 6, 2011.
John requested Mary's list from Smith on or about September 20, 2011, because Thorn hadn't.
Smith said that Mary didn't prepare one because she and Terry Thorn agreed they
would ignore the TEXAS RULES OF COURT IN THIS CASE AND JUST NEGOTIATE A
RESOLUTION. THE RECORDS AND THORN'S TIME RECORDS SUPPORT SMITH'S STATEMENT.
Although John had less than a weeks' notice, Doran refused to accept any evidence such
as the "Agreement in Contemplation of Marriage" or the "Mary and John R. Soard Revocable
Living Trust", both showing the distribution of property from John.
John Sent his property list ordered by the Court to Terry Thorn hired to be his attorney.
In reply Sheila Smith sent the extortion letter to John Soard, dated June 30, 2011 saying he
could get money to live on by signing his house in Palestine to Mary and giving her $10,000.
The Extortion letter went through Terry Thorn. Thorn said,, "John, you are going to have to pay spousal support until they get your house in Palestine no matter what you do."
John couldn't understand why because he had an insurance check (paid to him as the sole owner) for damage done by Mary to his house as well as the cashier's check John used to purchase the house. CR PG 115
CONDUCT OF JOE CLAYTON, JUDGE REPLACING THE HONORABLE MARK CALHOON
I don't know how Joe Clayton got on the case. After I was in Palestine for a hearing
with Judge Mark Calhoon presiding, I was told by phone that the hearing had been cancelled.
Joe Clayton appeared as judge at the next scheduled hearing. No reason was given for
either of the above.
During the hearing on January 9, 2014, Joe Clayton consolidated all Cases into
Case No.3-4200, John R. Soard V. Terry Thorn alleging Legal Malpractice during the
time he was retained to represent John Soard during, Mary Soard V. John R. Soard.
Case No. 3-42003 was totally different from; NO 3-42004, John Soard V. Sheila
Smith for Slander and Fraud; and Case No. 3-42005, John Soard V Sheila Smith, Jeffery
Doran and Mary Page for Extortion.
The Court refused to allow John Soard to present any evidence or his opinion. On page 5
Of the Supplemental Record submitted to The Court of Appeals by Susan A. Waldrip:
Mr. Soard: "Your honor, does that mean I don't get to tell my opinion on why they
shouldn't be consolidated?"
The Court: "They all need to be together simply because there's too much overlap."
(on page 9,line 20) Mr. Soard, "Your Honor, so I may be clear, you're going to try all the cases,
by jury trial, on May 12 at 10 a.m.; is that correct?
The Court: "This—I don't think this is a jury trial."
Ms. Lenahan: "That's correct, Your Honor, it's not."
Mr. Soard: "I requested a jury trial"
Ms. Lenahan: "Your Honor, no jury fee has been paid."
The Court: There hasn't been a jury fee paid, so it's not on th—"
Mr. Soard, "And if I can—"I have it (holding up the cover letter to jury payment from Robert S.
Davis on 10/11 In my hand." (EX I letter # 2)
Supplemental record Reporter's pg. 9 & 10
The Court refused to accept the letter from me and sent me down stairs to pay the jury fee.
I went downstairs to the District Clerk's office. I was gone quite a while because the clerk
didn't know what to do since the jury fee had already been paid. Finally she gave me a print out
showing the jury fee had been paid.
The Court and Lenahan were not bothered by telling a lie in front of the other
lawyers. They decided the Clerk would refund the fee that had been paid and sent John to
pay it again!
When John returned everyone was gone! (RR Supplemental Record Pg. 10)
After John became aware from the Reporter, that as soon as John left the courtroom
That Joe Clayton ordered her off the record
I then received a copy of the letter from Elaine Lenahan, Thorn's attorney to the District
Clerk saying, "at our last hearing in this case Judge Clayton advised that he is available to hear
pretrial motions (Motions for Summary Judgment) on March 17,19 or 20."
IT BECAME ABSOLUTELY CLEAR THAT THE JUDGE AND OOPOSING ATTORNEYS HAD NO
INTENTIONS OF ALLOWING THESE CAUSES TO BE HEARD BY A JURY. THEY PLANNED THE
LIE, "NO JURY FEE HAS BEEN PAID", TO GET JOHN SOARD OUT OF THE COURT ROOM SO THEY
COULD COORDINATE "MOTIONS FOR SUMMARY JUDGMENT."
THIS STATEMENT IS REINFORCED BY ALL SUMMARY JUDGMENTS BEING SUBMITTED
UNDER ONE COVER LETTER.
THE COURT; "FOR THE BENEFIT OF ALL OF Y'LL, I GOT HERE EARLIER THIS MORNING
AND HAVE READ THE MOTIONS FOR JUMMARY JUDGMENT AND THE RESPONSES." RR VOLUME 3 OF 3 PG 9 LINE 14.
IF THE COURT HAD READ EVERYTHING, WHY DIDN'T HE KNOW THAT FOR 98% OF THE TIME DURING THE PREVIOUS CASE, I HAD TERRY THORN FOR AN ATTORNEY? AND NOT LECTURE ME FOR HALF THE TIME THAT EVERYTHING HAPPENED DURING THIS CASE WAS BECAUSE I DIDN'T HAVE TERRY THORN AS MY ATTORNEY FOR THIS HEARING,
The court refused to require MARY PAGE TO ANSWER INTERROGATORIES. CR PG 26 SUMMARY
The trio seizing control of John Soard's property with a value of about $2,000,000.0 then
telling him he can have most it back if he will give them $10,000.00 and sign a deed to his
house at 2201 North Palestine, TX is a clear and definite case of extortion.
John Soard could not get a fair trial, as demanded by the Constitution of the United
States of America, because the Judge refused to accept any evidence and have meetings to discuss the case.
Joe Clayton clearly was assigned to this case to uphold the extortion, uphold Terry
Thorns' refusing to spend about 6 hours (CR PG 93 8i94) doing office work and a little research
work and uphold Smith and Doran agreeing to ignore the TEXAS RULES OF COURT and just
negotiate the Case.
The Clerks, and one Reporter have deliberately delayed this appeal for almost a year.
PRAYER
JOHN R. SOARD, the Plaintiff, prays that the Twelfth Court of Appeal that the criminal
Allegations for the proper Federal Officials for review and if appropriate for prosecution.
The plaintiff prays that all cases will be returned to the lower court for a jury trial with
all Parties being required to abide by the TEXAS RULES OF COURT.
Respectfully Submitted,
nu\
f/iohn R. Soard, Pro Se
38 Delsie Street Clarksville, Arkansas 72830 479-739-5512
EXHIBIT I
LETTERS TRIAL COURT CLERK FAILED TO FILE
LETTER 1 Cover letter John had until June 6, 2011 to answer
LETTER 2 Cover letter for jury fee paid October 11, 2013
LETTER 3 Cover letter showing discussion of summary jdgments
LETTER 4 Cover letter for all summary judgments
NOTICE OF SETTING FOR JURY TRIAL ON MAY 12, 2014
JUDGE MARK CALHOON
CITATION - personal service -TRC99 6km/p- CauseNo. CCL-11-13178
WME MATTER OF § COUNTY COURT AT LAW HE MARRIAGE OF § 1ARY ELLEN SOARD § OF JMD § OHN ROBERT SOARD § ANDERSON COUNTY, TEXAS
O: JOHN ROBERT SOARD 2201 N. JACKSON PALESTINE, TEXAS 75803
)efendant- GREETING
IOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorney lo not file a written answer with the clerk who issued this citation by 10:00 am on the Monday next allowing the expiration of 20 days after the date you were served this citation and petition, a default jdgment may be taken against you."
'ou are hereby commanded to appear by filing a written answer to the PETITIONER'S FIRST AMENDED 'ETITION FOR DIVORCE at or before 10:00 o'clock A.M. on the Monday next after the expiration of 20 days ifter the date of service of this citation before the Honorable B. Jeffrey Doran, County Court at Law of vnderson County, at the Courthouse in said County in Palestine, Texas. Said Plaintiffs Petition was filed in Jfccourt on the 11th day ofMay, 2011 in the above entitled cause. 'he nature of Plaintiffs demand is fully shown by a true and correct copy of Plaintiffs Petition accompanying lis citation and made a part hereof.
ssued and given under my hand and seal of said Court at PALESTINE, Texas this 11th day of May, 2011.
JANICE STAPLES 500 NORTH CHURCH STREET-ROOM 18 PALESTINE, TEXAS 75801 ANDERSON County, Texas,
2
Bv C_yjAX fww Grrb^O Teresia Coker, Deputy Clerk
vttorney for Plaintiff or Plaintiff: Sheila Smith >0 Box 10 :rankstonTX 75763
Enclosure 3
Thompson Coe
Attorneys and Counselors
Thompson, Coe, Cousins & Irons, L.L.P.
Plaza of the Americas
700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832
(214) 871-8200 | Fax: (214) 871-8209 Elaine T. Lenahan Austin Direct Dial: (214)871-8221 Dallas elenahan@thompsoncoe.com Houston Los Angeles
Saint Paul
February 21,2014
Ms. Janice Staples District Clerk, Anderson County 500 N. Church St. Palestine, Texas 75801
Re: Cause No. 3-42003; John R. Soard v. Terry Thorn, Sheila Smith andMary Page;
Inthe 3rd Judicial District Court ofAnderson County, Texas.
Dear Ms. Staples:
Enclosed, for filing in the above-referenced matter, are the original and one copy of Defendant Terry Thorn's Motion for Summary Judgment. Please file-stamp the copy of the Motion with the date of your receipt and file the original among the other papers in this matter. At our last hearing in this case, Judge Clayton advised that he is available to hear pre-trial motions in this case on March 17, 19 or 20. We respectfully request that this motion be set for hearing on Thursday, March 20, 2014 at a time available on Judge Clayton's docket. Please complete the FIAT and return it to our office so that I may provide requisite notice of the hearing to all parties. Please returna file-marked copy of the motion in the enclosed envelope.
Thank you in advance for your assistance in this matter. Please give me a call if you have any questions.
Sincerely,
Elaine T. Lenahan
ETLyamy Enclosures
l??4Ji6.v; 03217.042
Thompson C°e
Attorneys and Counselors
Thompson, Coe, Cousins & Irons, l.l.p.
Plaza of the Americas
700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832
(214) 871-8200 | Fax: (214) 871-8209 Elaine T. Lenahan Austin Direct Dial: (214)871-8221 Dallas elenahan@thompsoncoe.com Houston Los Angeles
Saint Paul
February 25, 2014
Via Federal Express
John R. Soard Plaintiff Pro Se 38 Delsie St. Clarksville, AR 72830
Re: Cause No. 3-42003; John R. Soard v. Terry Thorn, Sheila Smith and Mary Page;
In the 3,rd Judicial District Court of Anderson County, Texas.
NOTICE OF HEARING
Dear Mr. Soard:
Please be advised that the following have all been scheduled for hearing before Judge Clayton in the 3rd Judicial District Court, Anderson County, Texas on Thursday, March 20, 2014 at 10:00 a.m.:
(1) Defendant Terry Thorn's Motion for Summary Judgment; (2) Defendant Sheila Smith's Motion for Summary Judgment; and, (3) Defendant Mary Page's Motionfor Summary Judgment.
Sincerely,
*4JAl
Elaine T/Lenahai
ETL:jam
1976105.vl 09217.042
FLOWERS* DAVIS, P.L.L.C.
Celiac. Flowers 1021ESE Loop 323, Suite 200 Roberts. Davis Chad C.Rook
caren c. courtney Tyler, Texas 75701 David R. Iglesias Julie P. Wright Michael W. Janecek Main Telephone (903) 534-8063 Lee 1. Correa JaneW.Janecek Facsimile (903) 534-1650 Thomas H. Buchanan www.flqwersdav1s.com J. Mitchell Beard Melanie Reyes Preston W.McGee
Alan W. Tomme J. Scott Miller Longview Office: Stuart R.Hene 1516JudsonRoad
Steven M. Mason Eric C. Schmalbach Longview, Texas 75601 Immigration:
Morgan M.Elliott Telephone: (903) 757-8811 Virginia D.Young Natasha L. Gransberry Facsimile: (903) 757-8821 Donald Ross Patterson, Of Counsel Catherine A. Chesley Telephone: (903) 592-8186 Dallas Office:
W. Robert Knight, Jr. A. D. (Dean) Chapman, Of Counsel Bank of America Building 400 South Zang Blvd., Ste 1400 Dallas, Texas 75208-6648 Telephone: (214) 843-5777
October 11, 2013
Via Regular Mail Janice Sts. Anderson County District Clerk 500 N. Church sLlRm 18 Palestine, Texas 7S801
RE: Civil Action No. 3-42005; John R. Soard v. Shelia Smith, Judge B. Jeffery Doran, and Mary Page; In theThird Judicial District Court, Anderson County, Texas
Dear Ms. Staples:
Enclosed please find a check in the amount of $30.00 in payment for the jury fee in the above-referenced matter.
If you have any questions, please do not hesitate to call.
Very truly yours,
Robert S. Davis
RSD/TMG/rlo cc: John Soard (via CM/RRR: 7011 0470 0002 3533 3928)
Shelia J. Smith (via regular mail) Mary Page (via regular mail)
JOHN ROBERT SOARD 38 DELSEY CLARKSVILLE AR 72830
ANDERSON COUNTY DISTRICT COURT 500 N. Church Street, Palestine, TX 75801 JUDGE Mark Calhoon
NOTICE OF SETTING
JOHN ROBERT SOARD 38 DELSEY CLARKSVILLE AR 72830
IN RE: CAUSE NO: 3-42003 DATE: January 14, 2014
JOHN SOARD vs. TERRY THORN,SHEILA SMITH,PAGE MARY
TAKE NOTICE that theabove style and numbered cause has been set for JURY TRIAL on the 12th day ofMay, 2014 at 8:30 AM, IN THE ANDERSON COUNTY COURTHOUSE, PALESTINE, TEXAS.
Janice Staples District Clerk, Anderson County CC: Page Mary; Sheila Smith; Elaine T Lenahan
By: <&u !A*~»**~t>f
*It?&~*^
EXHIBIT 11
MARY PAGE'S ACTUAL INCOME
MARY SOARD & SHEILA SMITH'S PERJURY ON MARY'S INCOME
Sheila Smith & Mary Page STATED under Oath (page 17 of RR) Mary had actual income of $1,500
Listed items add to $1,778 understated 278 Social Security IS $10,968 per year so understated (per month) 106 Items deliberately omitted Rent Lemay, Houston 250 Rent Acknowledged by Sheila Smith 350 Dividends, $2,486 Interest $1,141 (Notel) 302 Individual Retirement Account ( Note 2) 425
Subtotal (Actual Income per Month ) $3,211
SHEILA SMITH AND MARY PAGE COMMITTED PERJURY BY DELIBERATELY UNDERSTATING MARY'S INCOME AT LEAST $1,711 PER MONTH!
B. Jeffery Doran refused to correct any of the perjury, not even to correct the addition. He said, according to the rules governing him, he could report a crime such as perjury only if he had a formal request.(Page 14 final hearing signed October 31, 2011.)
Note 1: On page 18 of the Reporter's Record signed July 15, 2011, Sheila Smith told Mary to agree to leave income from her securities deposited in her account (so she could replace it with Spousal support) ON PAGE 11 OF RECORD, COURT & SMITH BOTH AGREED THIS WOULD BE IMPROPER. MARY SHOULD BE REQUIRED TO SPEND HER INCOME BEFORE SHE IS PAID SPOUSAL SUPPORT FOR ANY REASON.
The amount shown is net because John Soard paid all income tax and insurance from his individual accounts.
Note 2: MARY was 70 34 years OLD so she was REQUIRED TO START WITHDRAWING HER IRA DURING 2011.. THIS WOULD BE ABOUT AN ADDITIONAL $425 Per MONTH; HOWEVER, MARY'S IRA ACCOUNT WAS NOT
INCLUDED IN THE FINAL DIVORCE SO SHE MAY HAVE WITHDREW IT ALL, APPROXIELY $100,000.00, DURING THE PERIOD FROM MAY 18, 2011 THROUGH THE FINAL DIVORCE. OR SMITH MAY HAVE LEFT IT COMPLETELY OUT BECAUSE SHE THOUGHT IT WOULD BE SUSPECT TO PUT IN AS COMMUNITY PROPERTY ORDERED TO MARY!
EVIDENCE MARY WAS FORCED INTO PERJURY DURING HEARING
Page 17, Reporter's Record, signed July 15, 2011:
Ms. Smith Q. Okay. " You have got approximately $1,500 coming in; is that correct?" Mary A. "I haven't added it, but if you say so."
Q. " Well, we added it in my office, didn't we" A. "Yeah."
Q. "So are you asking this Court, just while the temporary is going on, for Mr. Soard to pay you 750 a month spousal support?
A. Mary, knowing she had signed the "Agreement in Contemplation of Marriage" stating, "Neither party will ask for or receive spousal support during or after this marriage." didn't answer Ms. Smith screamed at her, "Say yes, you know this is going to aggravate him."
Mary A. "Right."
""">^ FORM SSA-1699 - SOCIAL SECURITY BENEFIT STATEMENT 010- ^S^^^^^ Box 1. Name Box 2. Beneficiary's Social Security Nuff MARY P SOARD XXX-XX-XXXX * Box3. Benefits Paid in 2010 Box 4. Benefits Repaid to SSA in2010 BoxS. NetBenefits for 2010 (Box 3minus $10,806.00 NONE xS> $10,806.00
^
DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4 Paidbycheck or direct deposit $9,648.00 NONE Medicare Part B premiums deducted from your benefits $1,158.00 Total Additions $10,806.00 Benefits «-*•-«»11\ #A
Box 6. Voluntary Federal Income Tax Withheld
NONE
.10s806«
'lo/* /wh^wV 107-5 % Box 7. Address 70>968«Q9 *
MARY P SOARD
10,968.09 2201 N JACKSON MtnOCb PALESTINE TX 75803-6613 914-0075
Box 8. Claim Number (Use this number Ifyou need to contact SSA.)
449-82-5774A
«-orm SSA-iese-SSI H-2011} DONOT fSTURM TWS FOR8?TO SSA ORIRS"
PRESORTED
SOCIAL SECURITY ADMINISTRATION C FIRST-CUSS MAIL
MID-AMERICA PROGRAM SERVICE CENTER M13 POSTAGEANDFEES PAID
601 EAST 12ra ST 1 SOCIAL SECURITY KANSAS CITYMO 64106-2859 ADMINISTRATION PERMIT NO. G-11
OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300
Form 1099
with Account Summary
Retain for your Records
lf*f~ Page l Date Prepared: January 25,2011 Recipient's Name and Address :0I I0126-0:::$<J.CT26FR6A-SML*I
MARY E PAGE DESIGNATED BENE PLAN/TOD
r /SAN FRANCISCO, CA 94105 2201 N JACKSON f'/ PALESTINE TX 75803 / Federal ID Number: XX-XXXXXXX
Account Number: 4E 6878-0265 Taxpayer ID Number: ***-**-5774
Dividends and Distributions - 2010 Form 1099-DIV Department of the Treasury-Internal Revenue Service Copy B for Recipient (OMB No. 1545-0110) Box Description Amount Total la Total Ordinary Dividends $ 2,485.86 (Includes amount shown in box lb)
lb Qualified Dividends 2,485.86 2a Total Capital Gain Distributions 0.00 (includes amount shown in boxes 2b, 2c and 2d)
2b Unrecap. Sec. 1250 Gain 0.00 2c Section 1202 Gain 0.00 2d Collectibles (28%) Gain 0.00 3 Nondividend Distributions 0.00 4 Federal Income Tax Withheld 0.00 5 Investment Expenses 0.00 6 Foreign Tax Paid 0.00 8 Cash Liquidation Distributions 0.00 9 Noncash Liquidation Distributions 0.00
Interest Income - 2010 Form 1099-INT] Department of the Treasury-Internal Revenue Service Copy B for Recipient (OMB No. 1545-0112) Box Description Total
1 Interest Income $ 3.65 3 Intereston U.S. Savings Bonds and Treasury Obligations 0.00 4 Federal Income Tax Withheld 0.00 5 Investment Expenses 0.00 6 Foreign Tax Paid 0.00 8 Tax-Exempt Interest 1,137.50 9 Specified Private Activity Bond Interest 0.00 10 Tax-Exempt Bond CUS1P No. (see instructions) VARIOUS CO
o
©
.Miscellaneous Income - 2010 Form 1099-MISC o
Department of the Treasury-Internal Revenue Service Copy B for Recipient(OMB No. 1545-0115) Box Description Total CO
o
2 Royalties $ 0.00 o
4 Federal Income Tax Withheld 0.00 8 Substitute Payments in Lieu of Dividends or Interest 0.00
s is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a iigence penaltyor other sanction may be imposed on you if this income is taxable and the I.R.S. determines that it has not been arted. If vou should have any questions regarding information being reported on this form please call us at 1-800-435-4000. ---2-S22e3-CT26FR6A- 52338 ' ^ it»*»« Srfeuah K Po In,- 111 rinM. noxuul lUkmk., CIDT CTAniQIR fCCIflOt 9D0.11 CA1 /nB\
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TX 77706 interest Income C-7200 EXT. 4325 Form 1099-INT Copy B For Recipient For year 2010
Mary Page Soard Recipient's 2201 N Jackson Palestine TX 75803 Tax I.D. No.
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Federal Tax
interest Interest P*^5 • Withheld income Bonds & Treas *
Account information^ ^ 57.99
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OX 1 OX 2 Bariy withdrawal penalty ^ ^ — — as obligations.
OX OX 3 4 ^SfiSo^tJ^eld. ..•••; investment expenses
OX 5 OX 6 Foreign Tax paid • • • • ossession . . • OX 7 Foreign country or u.fa.
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OX 10 Tax-exempt bona w»« Ms is instant t~ infection and is^ furnished to „ the
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31/12-CTCN4702-001076-MED-75801281900 105663 *3 MARY E PAGE 2201 N JACKSON PALESTINE TX 75801-2819 2 Statements Enclosed Name on Account Account #•'•'• •.:' Account Type Starting Value Ending Value 1 MARY E PAGE 89,708.06 92,193.92 6878-0261 Rollover IRA 2 MARY E PAGE 103,492.61 102,950.75 6878-0265 Schwab One Account Total $193,200.67 $195,144.67 O
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EXHIBIT
CONSTITUTION OF THE UNITED STATES OF AMERICA
WITH RIGHTS OF JOHN R. SOARD VIOLATED
BY B. JEFFERY DORAN
THE CONSTITUTION OF THE UNITED STATES
ARTICLE VI " and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution;
THE FIRST TEN AMENDMENTS IS KNOWN AS THE "BILL OF RIGHTS"
RIGHTS OF JOHN R. SOARD VIOLATED BY B. JEFFERY DORAN, the Judge who stole Case No.3-41396 already "ripe" for hearing on Judge Mark Calhoon's Docket for hearing on the "Agreement in Contemplation of Marriage". Mary Page Soard and Sheila Smith, were Co-conspirators with Doran to extort property from John R. Soard.
Amendment Violation and Source location Violated IV Seized control of property individually and solely owned by John R. Soard Real Property- All Property located at 2201 N. Jackson Street, Palestine, TX lnvestments-$l,977,676.88 -Solely and separately by John Soard since 1984
Evidence -Page 111 and 115 of Clerk's Record
VI Refused to have hearing on May 18, 2011 concerning Original Petition for Divorce was filed on March 11, 2011,( 67 days ago, Doran acknowledged ripe for hearing) Doran did not require Mary Soard to provide a copy of the "AGREEMENT in CONTEMPLATION OF MARRIAGE" to identify Mary's separately owned property and refused to accept a copy of the "AGREEMENT" from John Soard as evidence for the solely owned propertyof John R. Soard on June 15,1993.
Evidence- "AGREEMENT" page 95 through 106 of CLERK'S RECORD Violations Reporter's Record Dated July 15 2011 for hearing on May 18, 2011
VI The Court denied John Soard the right to a lawyer when he requested one after the Court refused to hear the Petition filed on March 11, 2011, the only one ripe for hearing. Several minutes of the discussions concerning why the petition was not heard were omitted from the Reporter's Record. On another time when discussions were omitted, the Reporter said the Judge told her to go off the record. I assume that is what happened here.
Evidence: Asked for time to get a lawyer Page 5 of Reporter's Record dated July 15, 2011 Judge refused by turning hearing over to Ms. Smith on Page 6
VIII The Court in essence required John Soard to post bail of $377,564 when he seized this amount of cash from John Soard and denied him access to it for any reason without the consent of the Court. Later delegated this authority of Court to Attorney Smith
Evidence: Reporter's Record Dated July 15, 2011
VIII Cruel and unusual punishment was inflicted on John Soard when the Court ordered him to live on $37.00 per month while denying him access to $377,564 of his separate owned cash. Terry Thorn implied he had gotten permission to not pay the $750.00 per month spousal support ordered by the Court. Therefore, John Soard had $787.00 per month until Thorn resigned. Even with $787.00 per month John Soard was unable to pay his monthly dues on a vacation plan and a Thousand Trails membership therefore lost these. He was unable to buy his medicines that the doctors said he needed. Apparently this was only an agreement by the attorneys because Ms. Smith filed contempt of Court against John Soard for spousal support, 2 days before Thorn resigned and received by John Soard about 12 days after he resigned.
Evidence: Reporter's Record dated July 15, 2011
Doran finally listened to evidence that income of Mary Soard was understated several thousand dollars while under oath (perjury) but still ordered $3,000 payment. B. Jeffery Doran said a formal motion had to be presented to him for his to consider perjury!
Evidence: Reporter's Record dated October 31, 2011.
ACCORDING TO SECTION VI TO THE CONSTITION OF THE UNITED STATES OF AMERICA; EACH AND EVERY JUDGE AND EXECUTIVE OFFICER OF TEXAS THAT HAS REFUSED TO ENFORCE THE COMPLIANCE WITH THE BILL OF RIGHTS OF THE CONSTITUTION ARE IN VIOLATION OF THE CONSTISTSUTION OF THE UNITED STATES OF AMERICA.
B. Jeffery Doran stated he was not obligated to abide by the Constitution of the United States of America or any agreement for the parties for the next couple of months as the statutory period is running. (Page 10 of RR dated 15 day of July, 2011.)
Letters are attached showing agreement with Doran," A Texas Judge or State Executives is not required to abide by or enforce THE CONSTITUTION OF THE UINITED STATES."
The Governor of Texas The attorney General of Texas The Board of Disciplinary Appeals State Commission on Judicial Conduct
ARTICLE VI, OF THE CONSTITUTION SAYS, "THEY SHALL BE BOUND BY OATH OR AFFIRMATION TO SUPPORT THE CONSTITUTION OF THE UNITED STATES
EXHIBIT IV
PAGES FROM REPORTER'S RECORD REFERENCED IN LETTER 1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME
2 TRIAL COURT CAUSE NO. CCL-11-13178 3 IN THE MATTER OF THE IN THE COUNTY COURT 4 MARRIAGE OF AT LAW
5 MARY ELLEN SOARD AND 6 JOHN ROBERT SOARD ANDERSON COUNTY, TEXAS
7
8
9
.0 ORIGINAL
i
.2
.3 TEMPORARY HEARING
4
.5
.6
7
8
.9
'0 On the 18th day of May, 2011, the following '1 proceedings came on to be heard in the above-entitled and \2 numbered cause before the Honorable Jeff Doran, Judge 12 3 presiding, held in Palestine, Texas: 24 Proceedings reported by machine shorthand. 12 5
Misty McAdams, CSR
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine. TX 7fiftni 1 evidence and procedure —
2 MR. SOARD: If this is the to discuss the
3 validity, I'm prepared to. 4 THE COURT: I'm not sure what that refers to,
5 but I want you to know that I have to hold you to the same 6 standard —
7 MR. SOARD: Okay. I guess what I'm saying 8 THE COURT No, sir. Stop, please.
9 MR. SOARD Okay.
10 THE COURT The way we work here is that I
11 tell people when they can talk. When it's your turn, I'll 12 let you know. I'm trying to explain something to you 13 that's important that you understand. The rules that 14 govern my conduct require me to hold you to the same 15 standard of the knowledge of the rules of evidence and 16 procedure and substantive law that I do the attorneys, and 17 it's not likely you are going to know any of those things, 18 and that's going to create a serious disadvantage for you. 19 Do you understand that? 20 MR. SOARD: I understand that.
21 THE COURT: Understanding that, do you still
22 want to proceed today and represent yourself? £. A MR. SOARD: It would depend on whether I could put it off in time to attempt to find an attorney.
THE COURT: Let's wait just a minute. So
Misty McAdams, C8R
Official Reporter- Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 1 what are you asking for? 2 MS. SMITH: Shall I tell the Court what we're
3 asking for today, so he can hear what we're asking for? 4 THE COURT: Sure, uh-huh.
5 MS. SMITH: Basically, Your Honor, this
6 couple has been married a good while. I believe this 7 gentleman owns several houses, and she has been residing 8 in the house in Palestine. We'll show in the last months,
9 he would make a visit or two down here to go to the
10 doctor.
11 We're just asking that she be given exclusive 12 possession, just temporarily, not awarded in any way, of 13 the 2201 North Jackson with the contents and her '09
14 Chrysler; and he be given exclusive possession of all the 15 other residences, especially 38 Delsey, where he resides, 16 his '09 Pontiac, his Saturn, his diesel Ford, his RV, and 17 she's agreed he could have a desk, a computer desk, and a 18 chair.
19 We're asking him to keep her on the health 20 insurance, enter a mutual injunction on freezing all 21 monies and funds, and set up that we have an inventory and 22 appraisement, and all the discovery that he would like to do. So just kind of freeze things at the time and keep 24 the status quo.
MR. SOARD: The primary thing I would
Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine. TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
10
1 and that rent goes into an account that's in her name. 2 MR. SOARD: Yes, but I think because the
3 property would be a joint property, it's funded by joint 4 property, then the account becomes joint. 5 THE COURT: Well, here is the — the Court's
6 position, and that is everything that either party has any 7 interest or access to would be subject to the injunctive 8 relief, whether it's specified or not, and part of the 9 process over the next couple of months as the statutory 10 period is running, will be to figure out what those are. 11 MR. SOARD: This account would be frozen
12 automatically?
13 THE COURT: It would be included. Anything
14 that either party owns any interest in or has any access 15 to or any control of would be subject to it. 16 MS. SMITH: She's showing me a bill, Your
17 Honor, that they have gotten to fix the roof of the house 18 she lives —
19 MR. SOARD: Estimate.
20 MS. SMITH: Estimate of the house. She's
21 here. I believe you are aware of this, that there's roof
22 problems. What other account were you speaking of? 23 MR. SOARD: Well, it's an account that was my
24 account and, oh, probably a year and a half ago I sold a Toyota Prius here in Palestine and because of that money I
Misty McAdams, CQR
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
12
1 negotiation that the stock market can probably get real 2 wild.
3 MS. SMITH: The only other issue we have,
4 Your Honor, is her income runs about 1500, and I believe
5 his income is maybe quadruple that. We were asking for 6 750 in spousal support just during this temporary. 7 MR. SOARD: I would object because I think
8 that's, again, contradictive to the premutually agreement''' 9 that Mary readily signed in order to get me to marry her 10 so she could get on my insurance. We actually lived
11 together about a year before this premutual agreement was
12 signed, but if I have to pay her $750 a month, because she
13 can't make a living for herself, she sold much of her
14 property and I have no idea where the money is, whether 15 she reinvested it or what.
16 THE COURT: Well, at this point I'm really
17 not taking evidence because no one is under oath, but if 18 there is an agreement, I'll consider approving the
19 agreement. If there's not an agreement, we'll have a
20 hearing and I'll take evidence on it.
21 MS. SMITH: We're asking if you will agree
22 that she have exclusive possession of the property here, 23 that means you can't come and go or take anything out. 24 MR. SOARD: Okay. I think — I do have to
13 come down here very often to go to the doctor. I have got
Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
V
1 A. $804, I believe it is. ~ ~~ " 2 Q. Okay. And then you get — you have a note coming 3 in on a property in Houston that's how much? 4 A. 548. That's almost over. 5 Q. Okay. That's — but it's — 6 A. I owner-financed my home. 7 Q. And then you have got two little amounts that come 8 in?
9 A. Right. I have two little pensions; one for 154 10 and one for 172.
11 Q. Okay. 12 A. $100.72.
13 Q. Okay. You have got approximately $1,500 coming 14 in; is that correct? 15 A. Yes.
16 Q. Is that correct? 17 A. I haven't added it, but if you say so. 18 Q. Well, we added at in my office, didn't we?
19 A. Yeah.
20 Q. So when you pay the electric, the water, your food 21 and everything here, that doesn't quite stretch with 22 today's gas, does it? 23 A. Well, not — no. 24 Q. So are you asking this Court, just while the 25 temporary is going on, for Mr. Soard to pay you 750 a Misty McAdams, C8R
Official Reporter -Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
30
1 with him staying tonight, because it's a long way back to 2 Arkansas in the morning. 3 THE COURT: And I'll — just in terms of 4 reaching the final hearing on this quickly, the — that 5 is — well, it's going to be — it is ripe for hearing • 6 now, isn't it? It's been 60 days. 7 MS. SMITH: I don't know when she filed this 8 pro se, Your Honor, but we have ggt to do discovery. This 9 is an uninformed spouse. 10 THE COURT: I understand that. There were 11 actually two? .. 12 MS. SMITH: She filed pro se. 13 THE COURT: They were both filed the same day 14 in March, March 11th. 15 MS. SMITH: What do you mean two? 16 THE COURT: There's one that's filed in the
17 3rd and one that's filed in CCL. 18 MS. SMITH: They — they made a mistake and 19 they took that one in the 3rd off. 20 THE COURT: Yeah, that's — I have got both 21 docket sheets.
22 MS. SMITH: Okay. How strange. 23 THE COURT: But let me just explain so the 24 parties know this. The sooner you get the information 25 exchanged and the discovery is complete, the more you are
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
33
I|THE STATE OF TEXAS f
COUNTY OF ANDERSON )
3 4 I, Misty McAdams, Official Court Reporter in 5 and for the County Court at Law of Anderson County, State 5 of Texas, do hereby certify that the above and foregoing 7 contains a true and correct transcription of the requested 3 portion of evidence and other proceedings requested by 9 counsel for the parties to be included in this volume of 3 the Reporter's Record, in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me.
I
3 I further certify that this Reporter's Record 4 of the proceedings truly and correctly reflects the 5 exhibits, if any, admitted by the respective parties.
o I further certify that the total cost for the 7 preparation of the Reporter's Record is $ \^\ ,°° and will 3 be Paid bY A\r\.tyhlJL/7XYiMf{.
9 WITNESS MY OFFICIAL HAND this the _[f)_ day of 0 July, 2011. j .j, )jC. ( 1 #V682
2 Expiration Date: 12.31.12 Official Court Reporter County Court At Law
3 Anderson County, Texas 500 North Church #11
q Palestine, Texas 75801 903.723.7469
5 Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine,TX 75801 903.723.7469 * mmcadams@co.andersorutx.us
'• REPORTER'S RECORD VOLUME i OF 1 VOLUMk
TRIAL COURT CAUSE NO. CCL-11-13178 IN THE MATTER OF THE IN THE COUNTY COURT MARRIAGE OF AT LAW
MARY ELLEN SOARD AND JOHN ROBERT SOARD ANDERSON COUNTY, TEXAS \
FINAL HEARING
&
HEARING ON MOTION FOR ENFORCEMENT &
ORDER TO APPEAR
ORIGINAL
On the 17th day of October, 2011, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Jeff Doran, Judge presiding, held in Palestine,, Texas:
Proceedings reported by machine shorthand.
Misty McAdams. C8R
Official Reporter - Anderson County Court At Law mn North Church Street #11 Palestine. TX 75801
10
_1through the Court for proof, and I didn't know if this was ',\supposed to do that or what. And he said, Just wait until i \\ the report was signed, and it should say. i; But on May 31st, I went ahead and wrote the : 'check, sent it to Mr. Thorn, and told him it would be in t:Palestine whenever he finds out something, that Mary could i, T*pick it up there. And then a little bit later on, I told i ;<r.im that we definitely needed to appeal this case, because f|it was full of errors. He said he couldn't appeal it ?"because it was a temporary order, but if there was i . i:anything false, that Ms. Smith should correct those on her ;wn, if it was made to the Court jl Ms. Smith says that's not true. I don't know hvhich one is correct. Now on the errors, Mary and Ms. f \ jSmith submitted as her income: Social security of $804, riouse note, 548; a pension, 154; and a pension, 172; for a (total of $1,500. i tf And then you want to talk about how hard it v was for Mary to get a loan on that $1,500. Well, I went Ipack and added that. That actually ads to $1,678. $178 tljiore than they said. And then we spent about three pages 11then talking about my rental property, and I knew Mary had Z'rental property VnaX, x,\\e^ didn't, e\rex\ mex\tAot\, t-Vvat t-Vve^ | *^s'z. left out.
So I added the rental property from the May Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
11
0'-;zt, hers. It was about $100. I don't know for sure what t-it is. What I have mostly for support is the note that £ liary sent me to prepare the income tax, and the rent %A/'-asn' t very clear. Then also I noticed that the social '••.security was actually $10,806, a little over a thousand J... dollars more than they reported.
So that would have been another $97 a month.
: 'lAnd then she had dividend income, that I would have paid * is tax on $2486. It was $207 a month. Then interest of 137 Ifand a half plus 3.65 for $95 a month. So she actually had 1 ;income of $2,182. II Ms. Smith, first, said that mine was four :I times her's or 6,000 and then she reduced it to 3600, i .fter the items that was listed in the hearing, that I .djusted the total rent received — that's all I knew off Ithe top of my head, not the income — to the income, plus |!my house note, for the return of capital. I actually had r|S2,4 00.
Now, after I paid the ordered expenses of a thousand dollars, which is really pretty reasonable — a II lot of people pay that much just for medical insurance — A_ '•!_ would have had $1,4 00 left. Now, after I pay Mary the l\Sib0, I have 650 and after Mary receives it, she's got .'52,932. Now, if that's equitable, I have got the 'tashier's receipt here. I'll tear my page off, and Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine. TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
14
/e any basis — " "~ """ —
MS. SOARD: As I say, I had a bad lawyer. THE COURT: Well, I'm not being critical of I'm just saying that —
MS. SOARD: I'm just saying I have taken Mr.
dvice, and I actually assumed whenever he told me Smith was responsible for changing false on, that after he gave her these wrong areas, changed it, because I heard nothing else. '" And hadn't been cashed until September the 21. It ssed to me, even though Mr. Thorn had not / resigned until the 23rd.
THE COURT: All right. Well the rules that conduct —
MS. SOARD: Okay. THE COURT: — require — will you listen for snt, please, sir? The rules that govern my ?uire that the jurisdiction of the Court be certain ways, and one of the ways — what you to do is modify the previous order of the inot permitted to do that unless it's raised in .llowed to recognize it.
And if you think about it, it will probably to you. You don't want people having the o just change things because they don't like Misty McAdams, C8R
Official Reporter -Anderson County Court At Law 2? 7o^^Qr°* Street #11 Pa'estine. TX 75801 30d.723.7469 * mmcadams@ca.andersorv.tx.us
17
• )THE STATE OF TEXAS J
7
COUNTY OF ANDERSON )
]
I, Misty McAdams, Official Court Reporter in and for the County Court at Law of Anderson County, State of Texas, do hereby certify that the above and foregoing contains a true and correct transcription of the requested portion of evidence and other proceedings requested by counsel for the parties to be included in this volume of ) the Reporter's Record, in the above-styled and numbered L cause, all of which occurred in open court or in chambers ?
and were reported by me.
3 I further certify that this Reporter's Record 4 of the proceedings truly and correctly reflects the 5 exhibits, if any, admitted by the respective parties. 6 I further certify that the total cost for the 7 preparation of the Reporter's Record is $lQ^(fQ and jwJJr^Ki&P 8 |>£ Paid by ,AJjV •QflfUu- Vf\)(k}\ I 9 WITNESS MY OFFICIAL HAND this the ^f day of 0 October, 2011 Y
C
A
MISTY \Mc •hiS', ;Texas CSR #5682 Expiration Date: 12.31.12 Official Court Reporter County Court At Law Anderson County, Texas 500 North Church #11 Palestine, Texas 75801 903.723.7469
Misty McAdams, C8R
Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us
CERTIFICATE OF SERVICE
I certify that a true and correct copy was sent to all atttorneys of record by certified mail, Return Recept Requested on March 18, 2015.
Mr. Michael A. Yanof,700 North Pearl Street, Suite 2500, Dallas, TX75201
Mary Page, 2201 North Jackson Street, Palestine, TX 75803
Sheila Smith, P. O. Box 10, Frankston, TX 75763
Mr. Terrance Gorman, 1021 ESE Loop 323, Sui
onn R. Soard