Joyce Ann Sarro v. Michael A. Sarro

Opinion

ACCEPTED

04-15-00392-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 11/23/2015 4:06:24 PM

KEITH HOTTLE

CLERK

04–15–00392–CV In the Court of Appeals

FILED IN

4th COURT OF APPEALS

Fourth Court of Appeals District of Texas SAN ANTONIO, TEXAS 11/23/2015 4:06:24 PM

KEITH E. HOTTLE

Clerk

Appeal from the 73rd Judicial District Court Bexar County, Texas

Trial Court No. 1998–CI–03821

Joyce Ann Sarro

v.

Michael A. Sarro

Amended Brief for Appellant Joyce Ann Sarro

R. Robert Willmann, Jr. Attorney at Law P.O. Box 460167 San Antonio, Texas 78246 Tel 844.244.9973 Temporary Fax 361.552.4305 Bar No. 21655960 Attorney for Appellant

Identity of Parties and Counsel

Joyce Ann Sarro Was the respondent in the divorce and is the appellant on appeal.

John A. Mead Attorney at Law 310 S. St. Mary’s Street, Suite 1470 San Antonio, Texas 78205 Was the attorney for Joyce Ann Sarro for much of the case in the trial court.

R. Robert Willmann, Jr. Attorney at Law P.O. Box 460167 San Antonio, Texas 78246 Attorney on appeal for Joyce Ann Sarro.

Michael A. Sarro Was the petitioner in the divorce and is the appellee in the appeal.

Rachel Sadovsky Cordell and Cordell 10101 Reunion Place, Suite 250 San Antonio, Texas 78216 Attorney for appellee Michael A. Sarro; there were two or three other attorneys who represented Appellee in the trial court before Ms. Sadovsky.

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TABLE OF CONTENTS

Identity of Parties and Counsel ................................................................... i

Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

Index of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

References to the Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Statement of the Case ............................................................................. 3

Statement Regarding Oral Argument ............................................................3

Issues Presented ....................................................................................4

Statement of Facts ................................................................................. 4

Summary of Argument ............................................................................4

Argument ........................................................................................... 5

Issue Number One . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Lack of record and new trial Issue Number Two . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Motion for new trial and the lack of a record Conclusion and Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Certificate of the Length of the Brief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

A. Final Decree of Divorce in 2015 B. Order denying a new trial in 2015 C. First Decree of Divorce D. Order granting a new trial on property E. Judge’s notes for briefing on the effective date of divorce F. Letter on judge’s determination of the effective date of divorce G. Tex. R. App. P. 34.6 and 34.6(f)

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INDEX OF AUTHORITIES

Cases

Bauserman v. Unimax Express, Inc., No. 14-06-00077-CV, 2006 Tex. App. Lexis 9347 (Tex. App.–Houston [14th Dist.] October 26, 2006, no pet.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In the interest of K.R.M., No. 11-11-00312-CV, 2012 Tex. App. LEXIS 2696 (Tex. App.–Eastland April 5, 2012, no. pet.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Smith v. Smith, 143 S.W.3d 206 (Tex. App.–Waco 2004, no pet.) ............................................. 8

Texas Rules of Appellate Procedure

Tex. R. App. P. 34.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10 Tex. R. App. P. 34.6(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 5, 7, 8 Tex. R. App. P. 38.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Texas Rules of Civil Procedure

Tex. R. Civ. P. 320 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

iii

04–15–00392–CV

In the Court of Appeals

Fourth Court of Appeals District of Texas

Appeal from the 73rd Judicial District Court Bexar County, Texas

Trial Court No. 1998–CI–03821

Joyce Ann Sarro

v.

Michael A. Sarro

Amended Brief for Joyce Ann Sarro

Comes now appellant, Joyce Ann Sarro, and submits this amended brief regarding

decisions of the trial court, pursuant to Tex. R. App. P. 38.1.

References to the Record

The record consists of the clerk’s record in one volume and two volumes of reporter’s

records.

A request for a supplemental clerk’s record will be made because the Final Decree

of Divorce signed on April 1, 2015 was not in the clerk’s record (it is Appendix A), and

the order granting a new trial on property division was also not in the clerk’s record (it is

Appendix D). Also, the request will include a letter describing a ruling of the trial court,

which was admitted into evidence at the motion for new trial hearing and is Appendix F.

RR NT 4, line 1 to line 13.

2

The record was filed electronically and the computer file in pdf format was received

from the clerk with the following file name and the title appearing on the first page of the file, along with the number of pages of the pdf computer file itself.

• 04-15-00392-CV CLK Record 8-19-15.pdf

Clerk’s Record (354 pdf pages)

Will be cited as CR [page] x, pdf [page] x.

The court reporter’s records are:

• 04-15-00392-CV RPT Record 8-20-15.pdf

Motion To Confirm Final Decree of Divorce (14 pdf pages) Will be cited as RR CFD [page] x.

• 04-15-00392-CV RPT Record 8-4-15.pdf

Reporter’s Record, Honorable Barbara Nellermoe By Telephone, June 11, 2015

(14 pdf pages)

Will be cited as RR NT [page] x.

The clerk’s record will be referred to by CR for clerk’s record, followed by the page

number after CR, as the pages were numbered sequentially for the appeal beginning with a

page number one in each volume, and the clerk put a page number in the lower left hand corner of each page where the documents began; the clerk’s page number will be followed

by the number of the pdf computer file, as they are different.

The reporter’s records will be cited as RR CFD, for the transcript of the hearing on the

Motion To Confirm the Final Decree of Divorce, and RR NT, for the hearing on the Motion

for New Trial, followed by the page number and any line number.

The parties and witnesses may also be referred to by their given names, including first

or last names.

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Statement of the Case

An Original Petition for Divorce was filed by appellee Michael Sarro. CR 1-12, pdf 162-173. This is a divorce case with one child who has a disability and an issue regarding the

division of retirement and pension benefits. After a divorce decree was signed, Appendix C,

a new trial was granted on property division of the marital estate. Appendix D. There were

additional proceedings, including regarding support for an adult child with a disability. CR

71-89, pdf 232-250.

A trial on the merits occurred in 2004, and then the issue emerged about when the

divorce was effective, whether it was at the time of the first divorce decree, before the partial new trial, or at the time of the subsequent trial resulting in a new decree of divorce.

After another hearing, briefing to the judge in the trial court was requested. Appendix

E; CR 90, pdf 251. The divorce was determined to be effective at the time of the trial that

occurred on August 17, 2004, after the new trial was ordered. Appendix F; CR 110, pdf

271.

This resulted in a new final decree of divorce that was signed on April 1, 2015.

Appendix A.

After it was discovered that the court reporter’s notes no longer existed from the 2004 trial, appellant Joyce Sarro filed a motion for new trial. CR 94, pdf 255. After a hearing

the motion was denied. CR 326-327, pdf 487-488.

This appeal followed. CR 328-329, pdf 489-490.

Statement Regarding Oral Argument

Since the court reporter’s record of the trial on the merits cannot be prepared, and that

issue is addressed in a rule of appellate procedure, the case appears to be straight-forward

enough so that oral argument would not be especially helpful to the court. Therefore,

Appellant is not requesting oral argument.

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Issues Presented

1. A record of the trial on the merits cannot be prepared because the original notes of the court reporter no longer exist; thus, appellant should have a new trial pursuant to Tex.

R. App. P. 34.6(f), since the record is necessary to the resolution of an appeal regarding an

unequal division of retirement and pension benefits and deferred compensation.

2. The trial court erred in not granting a new trial for good cause because the court

reporter’s notes were no longer available to prepare a record for an appeal, meaning that

the unequal division of retirement benefits could not be reviewed on appeal.

Statement of Facts

Appellee Michael Sarro filed an Original Petition for Divorce on March 11, 1998. CR 1, pdf 162. After a court appearance of July 17, 1998, a decree of divorce was signed on

August 20, 1998. CR 13-41, pdf 174-202.

A motion for new trial was granted as to property on October 23, 1998. Appendix D.

An issue developed over when the divorce decree became effective, as there were two

court proceedings that would result in a divorce decree. There was a hearing to decide that

issue on April 4, 2014. RR CFD 4-13.

The motion for new trial and documents attached to Joyce Sarro’s motion for new trial

were admitted into evidence at the hearing on the motion for new trial. RR NT 4, line 1 to line 13. CR 94-110, pdf 255-271.

Additional documents and testimony that are facts relating to the appeal are in the

record, and are referenced and cited under the arguments for the issues and points of error

presented below, so they will not be duplicated here.

Summary of the Argument

As is described in the argument below, and in the pleadings in the record, this case had

a difficult procedural history. Ultimately, an issue became evident regarding the division

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of retirement and pension and deferred compensation as a result of the determination in

the trial court in 2014 that the date the divorce became effective was in 2004 rather than 1998. As such, this appealable issue required a record from the trial in 2004. However,

the notes to transcribe what occurred at the trial are no longer available. Thus, the matter

is presented under Tex. R. App. P. 34.6(f) that Appellant is entitled to a new trial, and the

issue in dispute regarding property division is a particular and identifiable one.

Argument

Issue Number One

1. A record of the trial on the merits cannot be prepared because the original notes of

the court reporter no longer exist; thus, appellant should have a new trial pursuant to Tex. R. App. P. 34.6(f), since the record is necessary to the resolution of an appeal regarding an

unequal division of retirement and pension benefits and deferred compensation.

Issue Number Two

2. The trial court erred in not granting a new trial for good cause because the court

reporter’s notes were no longer available to prepare a record for an appeal, meaning that

the unequal division of retirement benefits could not be reviewed on appeal.

Through a series of unusual events in the procedural history of this case, including

the granting of a partial new trial on property division, proceedings regarding support for a disabled child, several attorneys, and ambiguity about when the divorce was actually

effective, the case was pending for quite a number of years.

The case stalled out over the question of when the divorce was effective; was it at

the time of the first divorce proceeding on July 17, 1998, or at the time of the divorce trial

on August 17, 2004? An issue emerged regarding the division of retirement and pension

benefits as a result of the ambiguity over the effective date of the divorce and the granting

of a partial new trial on the question of property division.

6

The question of when the divorce was effective was not resolved until 2014. A hearing

was held on that issue on April 4, 2014. RR CFD 4-13. The parties were asked by the judge in the trial court to submit briefing on that question. RR CFD 11, line 3 to p. 13, line

8. CR 90, pdf 251; CR 107-108, pdf 268-269.

The court determined that the divorce was effective at the time of the last trial on the

merits on August 17, 2004. CR 110, pdf 271. The parties were informed by letter that—

As a trial court cannot sever property issues from a divorce action, once the new trial was granted that made the 1998 divorce decree interlocutory. The date of the divorce is August 17, 2004, which is the date that Judge Nellermoe heard the “final trial on merits of property issue” and reconfirmed all other terms of the decree. Judge Tanner requests that Mr. Mead prepare a final Decree of Divorce which indicates the August 17, 2004 date as the date of hearing and submit the decree to Ms. Sadovsky for approval as to form.

CR 110, pdf 271.

An original divorce decree was signed on August 20, 1998, reciting that the case was

heard on July 17, 1998. CR 13-41, pdf 174-202.

The trial after the partial new trial was granted occurred on August 17, 2004. The

divorce decree resulting from that trial and which is the subject of this appeal is dated April

1, 2015, resulting from Judge Tanner’s ruling on when the divorce was effective.

From the splitting of the trials, and the additional court action over when the divorce

became effective, the language of the present divorce decree makes an unequal division of

pension and retirement benefits. On pages 28 and 29 of the divorce order, the division of

pension and retirement benefits is set forth. On page 29 as to Joyce Sarro, it orders a 50%

portion of retirement and deferred compensation plans of Michael Sarro to Joyce, “from

June 6, 1993 until July 17, 1998”, in each instance.

The parties were married on June 6, 1993. CR 2, pdf 163. The retirement and pension

and deferred compensation plans were divided equally until the time of the first divorce

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proceeding. However, after the partial new trial was granted on the issue of property, and

the divorce was determined in 2014 to have been effective on August 17, 2004 rather than July 17, 1998, none of the retirement and pension benefits, and deferred compensation, was

ordered for Joyce Sarro for the time period of July 17, 1998 to August 17, 2004. This has

resulted in an unequal division of the marital estate as to those items of property which can

be the subject of an appeal. However, the transcript of the trial starting on August 17, 2004

cannot be made into a record on appeal because the court reporter’s notes are no longer

available.

Joyce Sarro filed a motion for new trial in order to show that the court reporter could not make a record of the trial. At that hearing, the motion for new trial and its four exhibits

were admitted into evidence. RR NT 4, line 1 to line 13. CR 94-111, pdf 255-272.

The exhibits included a statement from the court reporter that the notes no longer existed;

an affidavit from Joyce’s attorney, John Mead, explaining some of the reasons why the

procedural process in the case took as long as it did; the judge’s notes requesting briefing

on the issue of when the divorce was effective; and the letter describing the judge’s ruling

about the effective date of the divorce.

I.

Tex. R. App. P. 34.6(f) states:

Reporter’s Record Lost or Destroyed. An appellant is entitled to a new trial under the following circumstances:

(1) if the appellant has timely requested a reporter’s record; (2) if, without the appellant’s fault, a significant exhibit or a significant portion of the court reporter’s notes and records has been lost or destroyed or—if the proceedings were electronically recorded—a significant portion of the recording has been lost or destroyed or is inaudible;

(3) if the lost, destroyed, or inaudible portion of the reporter’s record, or the lost or destroyed exhibit, is necessary to the appeal’s resolution; and (4) if the lost, destroyed or inaudible portion of the reporter’s record cannot be replaced by agreement of the parties, or the lost or destroyed exhibit cannot

8

be replaced either by agreement of the parties or with a copy determined by the trial court to accurately duplicate with reasonable certainty the original exhibit.

A proper review of the division of pension and retirement benefits, and deferred

compensation, requires the record from the trial. As is stated in Smith v. Smith, 143 S.W.3d 206, 214 (Tex. App.–Waco 2004, no pet.): “Although the court need not divide the

community estate equally, a disproportionate division must be supported by some reasonable

basis [citation omitted]. Having reviewed the record, we find no reasonable basis for the

disproportionate division of community assets and the liabilities of the parties. Therefore,

we sustain Karen’s second issue.” In Smith, there was a record to review, but the holding in

the case indicated that the record must be examined in order to see if an unequal division

of a marital estate is justified.

A record from a hearing was not available in a child support matter, In the interest of

K.R.M., No. 11-11-00312-CV, 2012 Tex. App. LEXIS 2696 (Tex. App.–Eastland April 5,

2012, no pet.). The court ruled that: “The reporter’s record is necessary to the disposition of

the OAG’s third issue, which requires that we review the evidence presented at the hearing

and determine whether the trial court abused its discretion in finding that the amount owed

by Mitchell was zero. Because the reporter’s record from the hearing is unavailable, we

cannot reach the merits of the OAG’s third issue. Thus, the reporter’s record is necessary

to the disposition of this appeal”.

Some exhibits were not able to be located to be included in a reporter’s record, in

Bauserman v. Unimax Express, Inc., No. 14-06-00077-CV, 2006 Tex. App. Lexis

9347 (Tex. App.–Houston [14th Dist.] October 26, 2006, no pet.). In that case, the

appellants timely requested the record and paid for it on February 15, 2006, the District

Clerk misplaced the exhibits, the missing exhibits were pertinent to the issue of financial

damages and necessary for the appellants’ appeal on the issue of damages, and the parties

9

were unable to agree on a complete reporter’s record. They were entitled to a new trial. Id.

In the case at bar, in his affidavit admitted into evidence at the motion for new trial

hearing, trial counsel for appellant Joyce Sarro described how he attempted to reach an

agreement as to the terms of a final decree of divorce after the trial that began on August 17,

2004, and that Appellee was represented by three different attorneys during that time, and

there was an ongoing issue and dispute about the date the divorce was actually effective.

In both his affidavit and in the message from the court reporter admitted into evidence at the same hearing, it was established that the reporter’s notes from the 2004 trial no

longer existed. In April 2014 there was a hearing on determining the date the divorce was

effective, and then the court’s ruling was not announced until the letter of August 8, 2014.

CR 107-110, pdf 268-271.

II.

There is a hole in the law that can create, and does create, problems with the mainte-

nance of notes and recordings from hearings and trials that may be necessary for an appeal.

There is no requirement that a reporter’s notes and other recordings be kept until a certain

length of time after a final judgment is signed by a trial court judge.

Especially in jurisdictions with large populations and many cases pending and on

the docket, a case may not be resolved within three years. Certainly there may be pretrial

hearings that could have significance later on in the process of the case, or discovery matters

and disputes that may need to be appealed, all after three years or so have gone by.

The unusual procedural history of this case—including additional actions regarding the parent-child relationship and a child becoming an adult with a disability—can result in

an appealable issue for which a trial record is no longer obtainable.

Tex. R. App. P. 34.6 presents the issue of the lack of a reporter’s record as one that is

de novo. A motion for new trial under Tex. R. Civ. P. 320 in this instance was needed to

10

establish that the reporter’s record was not going to be available, and arguably a new trial

could be granted for good cause. A ruling on a motion for new trial is usually reviewed for an abuse of discretion. The more specific and controlling rule in this regard is Tex. R. App.

P. 34.6.

Based on the procedural history of the case and the existing record, it is appropriate

that a new trial be granted. Since the issue from the perspective of the Appellant concerns

the division of retirement and pension and deferred compensation plans, it is highly likely

that any other issues that would exist in the event of a new trial would be agreed to or would

be the subject of stipulations, making a new trial uncomplicated and clean.

Conclusion and Prayer

Therefore, Joyce Ann Sarro prays that this brief be filed; that the cause be submitted;

that this court reverse the Final Decree of Divorce signed on April 1, 2015; that the case be

remanded to the trial court for a new trial; that all costs be taxed against Appellee; and that

she have such other relief, in law or equity, to which she may be justly entitled.

Respectfully Submitted,

/s/ R. Robert Willmann, Jr.

R. Robert Willmann, Jr. Attorney at Law P.O. Box 460167 San Antonio, Texas 78246 Tel 844.244.9973 Temporary Fax 361.552.4305 Bar No. 21655960 willaw@prismnet.com Attorney for Joyce Ann Sarro

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Certificate About the Length of the Brief

The undersigned used a text processing program called TEX, which is not a word processor. The writer types in the instructions for formatting the paper interspersed in the

text, and so a word count is not easily determined; there will be more words in a word count

than actual words in the final document. A plain text file is created which is then processed

by the computer program into a device independent file, which can then be converted into

a Postscript or pdf file. However, the brief is presented well within the 50 page limit.

Certificate of Service

I certify that this brief was served by– an electronic filing service or, if applicable, by certified mail, return receipt requested, to Rachel Sadovsky; Cordell and Cordell; 10101 Reunion Place, Suite 250; San Antonio, Texas 78216 (rsadovsky@cordelllaw.com) (attorney for appellee Michael A. Sarro);

on the 23rd day of November, 2015.

/s/ R. Robert Willmann, Jr.

R. Robert Willmann, Jr.

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Appendix

A. Final Decree of Divorce in 2015 B. Order denying a new trial in 2015 C. First Decree of Divorce D. Order granting a new trial on property E. Judge’s notes for briefing on the effective date of divorce F. Letter on judge’s determination of the effective date of divorce G. Tex. R. App. P. 34.6 and 34.6(f)

Appendix A

DOCUMENT SCANNED AS FILED

1998C103821 -0073

NO. 1998-CI-03821

IN THE MATTER OF § IN THE DISTRICT COURT THEMARRIAGEOF § §

MICHAEL A. SARRO § AND § 73RD JUDICIAL DISTRICT JOYCE ANN SARRO § §

AND IN THE INTEREST OF § MICHAEL ANDREW SARRO, A CHILD § BEXAR COUNTY, TEXAS

FINAL DECREE OF DIVORCE

On August 17, 2004 the Court heard this case.

Appearances

Petitioner, Michae] A. Sarro, appeared in person and through Attorney of Record, Charles

Montemayor and announced ready for trial. However, at the time of the entry of this Order, Petitioner

Michael A. Sarro, appeared in person and through Attorney of Record, Rachel S. Sadovsky.

Respondent, Joyce Ann Sarro, appeared in person and through Attorney of Record, John A.

ci Mead, and announced ready for trial. 4 0 • 2. Proceedings 1 / 2 A Final' tiècree of Divorce in this cause was judicially pronounced and rendered in Court at .9 San Antonio, Bexar County, Texas on July 17, 1998. Subsequently a new trial was granted as to the

V issue of property. In later proceedings the Court clarified its ruling and a new trial was granted in '0 L its entirety; however the parties stipulated that the terms regarding conservatorship, possession and 4 support of the children would not be set aside and would be incorporated in this decree. The parties 3 S 4 went to hearing on the issues of property on August 17, 2004.

0 3 0 S

DOCUMENT SCANNED AS FILED

3. Record

The record of testimony was duly reported by the Court Reporter, Terri Thomas, for the 45"

Judicial District Court.

4. 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 of this case and of all the parties and that at least sixty days have elapsed

since the date the suit was filed. The Court finds that, at the time this suit was filed, Petitioner had

been a domiciliary of Texas for the preceding six-month period and a resident of the county in which

this suit was filed for the preceding ninety-day period. All persons entitled to citation were properly

cited.

5. Jury

A jury was' waived, and all questions of fact and of law were submitted to the Court.

6. Divorce

U IT IS ORDERED AND DECREED that Michael A. Sarro, Petitioner, and Joyce Ann Sarro, 50 Respondent, are divorced and that the marriage between them is dissolved on the ground of

insupportability.

U .1. 7. Child of the Marriage 5 The Court finds that Petitioner and Respondent are the parents of the following child:

V 0 L. Name: MICHAEL ANDREW SARRO Sex: Male

4 Birthplace: San Antonio, Texas 3 Birth date: June 23, 1994 S 4 Home state: Texas

P (5 Final Decree of Divorce - Page 2

DOCUMENT SCANNED AS FILED

The Court finds no other children of the marriage are expected.

8. Conservatorship and Support

The Court, having considered the circumstances of the parents and of the child, finds that the

following orders are in the best interest of the child.

IT IS ORDERED that Michael A. Sarro and Joyce Ann Sarro are appointed parent joint

managing conservators of the following child: MJCHAEL ANDREW SARRO.

IT IS ORDERED that, at all times, Joyce Ann Sarro, as a parent joint managing conservator,

shall have the following rights:

I. the right to receive information from the other parent concerning the health, education, and welfare of the 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 the child;

3. the right of access to medical, dental, psychological, and educational records of the child;

4. the right to consult with a physician, dentist, or psychologist of the child;

5. the right to consult with school officials boncerning the child's welfare and ci educational status, including school activities;

6. concerning the child's education, this right is subject to the agreement of the other parent conservator;

7. the right to attend school activities;

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

L 9. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and 4 10. the right to manage the estate of the child to the extent the estate has been created by 4 the parent or the parent's family.

Final Decree of Divorce - Page 3 3

:1.

DOCUMENT SCANNED AS FILED

if IS ORDERED that, at all times, Michael A. Sarro, as a parent joint managing conservator, shall have the following rights:

1. the right to receive information from the other parent concerning the health, education, and welfare of the 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 the child;

3. the right of access to medical, dental, psychological, and educational records of the child;

4. the right to consult with a physician, dentist, or psychologist of the child;

5. the right to consult with school officials concerning the child's welfare and educational status, including school activities;

6. the right to attend school activities;

concerning the child's education, this right is subject to the agreement of the other parent conservator;

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

9. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and 0 10. the right to manage the estate of the child to the extent the estate has been created by 4 the parent or the parent's family.

1 if IS ORDERED that, at all times, Michael A. Sano and Joyce Ann Sarro, as parent joint / 2 0 managing conservators, shall each have the following duties:

I 1. the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and TO 1 2. the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator 4 3 knows is 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. if IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but p G Final Decree of Divorce - Page 4

DOCUMENT SCANNED AS FILED

not later than the fortieth day after the date the conservator of the child 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 persons 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 MJSDEMEANOR IF THE PERSON FAILS TO PROVIDE THTS NOTICE.

IT IS ORDERED that, during her respective periods of possession, Joyce Ann Sarro, as a

parent joint managing conservator, shall have the following rights and duties:

the duty of care, control, protection, and reasonable discipline of the child;

2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

the right to consent for the child to medical and dental care not involving an invasive procedure;

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

5. the right to direct the moral and religious training of the child.

IT IS ORDERED that, during his respective periods of possession, Michael A. Sarro, as a

parent joint managing conservator, shall have the following rights and duties:

the duty of care, control, protection, and reasonable.discipline of the child;

2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

3. the right to consent for the child to medical and dental care not involving an invasive procedure;

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

5. the right to direct the moral and religious training of the child.

IT IS ORDERED that Joyce Ann Sarro, as a parent joint managing conservator, shall have

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the following rights and duty:

1. the exclusive right to designate the primary residence of the child with the following counties: Bexar, Bandera, Medina, Atasdosa, or Comal County, Texas;

2. the independent right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment of the child;

3. the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

4. the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

5. the independent right to consent to marriage and to enlistment in the armed forces of the United States;

6. the right to make decisions concerning the child's education subject to the agreement of the other parent conservator, except as otherwise ordered herein by the court;

7. except as provided by section 264.0111 of the Texas Family Code, the exclusive right to the services and earnings of the child;

8. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and

9. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents.

IT IS ORDERED that Michael A. Sarro, as a parent joint managing conservator, shall have

the following rights and duty:

the independent right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment of the child;

2. the exclusive right to receive and give receipt for periodid payments for the support of the child and to hold or disburse these funds for the benefit of the child;

3. the independent right to represent the child in legal action and to make other

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decisions of substantial legal significance concerning the child;

4. the independent right to consent to marriage and to enlistment in the armed forces of the United States;

5. the right to make decisions concerning the child's education subject to the agreement of the other parent conservator, except as otherwise ordered herein by the court;

6. except as provided by section 264.0111 of the Texas Family Code, the exclusive right to the services and earnings of the child;

7. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government; and -

8. the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents.

Education

if IS ORDERED that the child shall not be educated at home by Respondent, unless

otherwise ordered by the court.

GeograyhicalArea for Primary Residence

ITS is ORDERED that the primary residence of the child shall be within Bexar, Bandera, 14 O Medina, Atascosa or Comal County, Tx. The parties shall not remove the child from within Bexar,

Bandera, Medina, Atascosa or Comal County, Tx for the purpose of changing the primary residence U of the child until modified by further order of the court of continuing jurisdiction or b written

v agreement signed by the parties and filed with the court. if IS FURTFIERED ORDERED that Joyce 0 •L Ann Sarro shall have the exclusive right to establish the child's primary residence within Bexar,

Bandera, Medina, Atascosa or Comal County, Tx.

1. Standard Possession Order P 6 Final Decree of Divorce - Page 7

6 S

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The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.3 17. if IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order. IT IS, TFIEREFORE, ORDERED:

(a) Definitions

I. In this Standard 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 Standard 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

if IS ORDERED that the conservators shall have possession of the child 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 child under the specified terms set out in this Standard Possession Order.

(c) Parents Who Reside 100 Miles or Less Apart

Except as - otherwise explicitly provided in this Standard Possession Order, when C) Michael A. Sarro resides 100 miles or less from the primary residence of the child, Michael 5U A. Sarro shall have the right to possession of the child as follows:

I. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by Michael V A. Sarro begins on a Friday that is a school holiday during the regular school term or a 0 federal, state, or local holiday during the summer months when school is not in session, or L if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately 4 preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday 3 or school holiday, as applicable.

Wednesdays - On Wednesday of each week during the regular school term, [ii Final Decree of Divorce - Page 8 3 U

DOCUMENT SCANNED AS FILED

beginning at 6:00 p.m. and ending at 8:00 p.m.

4. Spring Break in Even-Numbered Years - In even-numbered years, 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.

5. Extended Summer Possession by Michael A. Sarro -

With Written Notice by May 1 - If Michael A. Sarro gives Joyce Ann Sarro written notice by May I of a year specifying an extended period or periods of summer possession for that year, Michael A. Sarro 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. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by May 1 - If Michael A. Sarro does not give Joyce Ann Sarro written notice by May I of a year specifying an extended period or periods of summer possession for that year, Michael A. Sarro shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on JUly 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the weekend and Wednesday periods of possession ORDERED for Michael A. Sarro, it is explicitly ORDERED that Joyce Ann Sarro shall have a superior right of possession of the child as follows:

1. Spring 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 schools spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

2. Summer Weekend Possession byJoyce Ann Sarro - If Joyce Ann Sarro gives Michael A. Sarro written notice by June 1 of a year, Joyce Ann Sarro shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Michael A. Sano in that year, provided that Joyce Ann Sarro picks up the child from Michael A. Sarro and returns the child to that same place and that the weekend so designated does not interfere with Father's Day Weekend.

L 3. Extended Summer Possession by Joyce Ann Sarro - If Joyce Ann Sarro gives

Ii Michael A. Sarro written notice by May 15 of a year or gives Michael A. Sano fourteen days'

written notice on or after May 16 of a year, Joyce Ann Sarro may designate one weekend 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

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vacation, during which an otherwise scheduled weekend period of possession by Michael A. Sarro shall not take place in that year, provided that the weekend so designated does not interfere with Michael A. Sarro's period or periods of extended summer possession or with Father's Day Weekend.

(d) Parents Who Reside More Than 100 Miles Apart

Except as otherwise explicitly provided in this Standard Possession Order, when Michael A. Sarro resides more than 100 miles from the residence of the child, Michael A. Sarro shall have the right to possession of the child as follows:

1. Weekends - Unless Michael A. Sarro elects the alternative period of weekend possession described in the next paragraph, Michael A. Sarro shall have the right to possession of the child on weekends, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by Michael A. Sarro begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.

Alternate Weekend Possession - In lieu of the weekend possession described in the foregoing paragraph, Michael A. Sarro shall have the right to possession of the child not more than one weekend per month of Michael A. Sarro'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. -Except as otherwise explicitly provided inthis Standard 0 Possession Order, if such a weekend period of possession by Michael A. Sarro begins on a 4 Friday that is a school holiday during the regular school term or a federal, state, or local / 0a holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as

4 applicable. Michael A. Sarro may elect an option for this alternative period of weekend possession by giving written notice to Joyce Ann Sano within ninety days after the parties V begin to reside more than 100 miles apart. If Michael A. Sarro makes this election, Michael U A. Sarro shall give Joyce Ann Sarro fourteen days' written or telephonic notice preceding a L designated weekend. The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, and Mother's Day Weekend below.

2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the 4 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.

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3. Extended Summer Possession by Michael A. Sarro -

With Written Notice by May 1 - If Michael A. Sano gives Joyce Ann Sarro written notice by May! of a year specifying an extended period or periods of summer possession for that year, Michael A. Sarro shall have possession of the child for forty-two days beginning no ear!ier than the day after the child's school is dismissed for the summer vacation and ending no !ater 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. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by May 1 - If Michael A. Sarro does not give Joyce Ann Sarro written notice by May I of a year specifying an extended period or periods of summer possession for that year, Michael A. Sarro sha!l have possession of the child for foity-two consecutive days in that year beginning at 6:00 p.m. on June 1 and ending at 6:00 p.m. on July 27 of that year.

Notwithstanding the weekend periods of possession ORDERED for Michael A. Sarro, it is explicitly ORDERED that Joyce Ann Sarro shall have a superior right of possession of the child as follows:

1. Summer Weekend Possession by Joyce Ann Sarro - If Joyce Ann Sarro gives Michae! A. Sarro written notice by June 1 of a year, Joyce Ann Sarro shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by Michael A. Sarro during Michael A. Sarro's extended summer possession in that year, provided that if a period of possession by Michael A. Sarro in that year exceeds thirty days, Joyce Ann Sarro may have possession of the child under the terms of - this- provision on - any two- nonconsecutive U weekends during that period and provided that Joyce Ann Sarro picks up the child from 4,1 Michael A. Sarro and returns the child to that same place and that the weekend so designated b does not interfere with Father's Day Weekend. S / 2. Extended Summer Possession by Joyce Ann Sano - If Joyce Ann Sarro gives 2 0 Michae! A. Sarro written notice by June 1 of a year, Joyce Ann Sarro may designate twenty- :1. one days beginning no earlier than the day after the child's school is dismissed for the 5 summer vacation and ending no !ater than seven days before school resumes at the end of the V summer vacation in that year, to be exercised in no more than two separate periods of at least 0 seven consecutive days each, during which Michael A. Sarro sha!l not have possession of the L chi!d, provided that the period or periods so designated do not interfere with Michae! A. 4 Sarro's period or periods of extended summer possession or with Father's Day Weekend. S S (e) Holidays Unaffected by Distance 4 Notwithstanding the weekend and Wednesday periods of possession of Michael A. Sarro,

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Joyce Ann Sane and Michael A. Sane shall have the right to possession of the child as follows:

1. Christmas Holidays in Even-Numbered Years - In even-numbered years, Michael A. Sane 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 Joyce Ann Sarro shall have the right to possession of the child beginning at noon on December26 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, Joyce Ann Sano 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 Michael A. Sarro 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.

3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, Michael A.

Sarro 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.

4. Thanksgiving in Even-Numbered Years - In even-numbered years, Joyce Ann Sarro 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 underthis Standard Ill Possession Order to present possession of the child on the child's birthday, the parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day,

provided that that parent picks up the child from the other parent's residence and returns the child to that same place.

U 1 6. Father's Day Weekend -Michael A. Sarro 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 V ending at 6:00 p.m. on Father's Day, provided that if Michael A. Sano is not otherwise 0 entitled under this Standard Possession Order to present possession of the child, he shall pick L up the child from Joyce Ann Sano's residence and return the child to that same place.

4 7. 3, Mother's Day Weekend - Joyce Ann Sarro shall have the right to possession S of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and 4 ending at 6:00 p.m. on Mother's Day, provided that if Joyce Ann Sano is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall

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pick up the child from Michael A. Sarro's residence and return the child to that same place.

(1) Undesignated Periods of Possession

Joyce Ann Sarro shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for Michael A. Sarro.

(g) General Terms and Conditions

Except as otherwise explicitly provided in this Standard 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:

1. Surrender of Child by Joyce Ann Sarro - Joyce Ann Sarro is ORDERED to surrender the child to Michael A. Sarro at the beginning of each period of Michael A. Sarro's possession at the residence of Joyce Ann Sarro.

2. Return of Child by Michael A. Sarro - Michael A. Sarro is ORDERED to return the child to the residence of Joyce Ann Sarro at the end of each period of possession. However, it is ORDERED that, if Joyce Ann Sarro and Michael A. Sarro live in the same county at the time of rendition of this order, Michael A. Sarro's county of residence remains the same after rendition of this order, and Joyce Ann Sarro's county of residence changes, effective on the date of the change of residence by Joyce Ann Sarro, Michael A. Sarro shall surrender the child to Joyce Ann Sarro at the residence of Michael A. Sarro at the end of each period of possession.

3. Surrender of Child by Michael A. Sano - Michael A. Sarro is ORDERED to surrender the child to -Joyce Ann Sarro, if the child is-in Michael A. Sarro's possession or -

0 subject to Michael A. Sarro's control, at the beginning of each period of Joyce Ann Sarros exclusive periods of possession, at the place designated in this Standard Possession Order.

0 1 4. Return of Child by Joyce Ann Sarro - Joyce Ann Sarro is ORDERED to return / the child to Michael A. Sarro, if Michael A. Sarro is entitled to possession of the child, at the end of each of Joyce Ann Sarro's exclusive periods of possession, at the place designated in this Standard Possession Order.

V Personal Effects - Each conservator is ORDERED to return with the child the o personal effects that the child brought at the beginning of the period of possession. L 6. Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable, IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

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7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

8. 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.

This concludes the Standard Possession Order.

2. Duration

The periods of possession ordered above apply to the child the subject of this suit while that

child is under the age of eighteen years and not otherwise emancipated.

3. Termination of Orders

The provisions of this decree relating to conservatorship, possession, or access terminate on

the remarriage of Michael A. Sarro to Joyce Ann Sarro unless a nonparent or agency has been

appointed conservator of the child under chapter 153 of the Texas Family Code.

4. 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 V 0 PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE L TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON 4 3 WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS

IN VALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAYBE

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PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND

A FINE OF AS MUCH AS $10,000.

Child Support

IT IS ORDERED that Michael A. Sarro is obligated to pay and shall pay to Joyce Ann Sarro

child support of $491.79 per month, with the first payment being due and payable on August 1, 1998

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

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

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

a. enrolled:

1) under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma, 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;

Section 130.008, Education -Code;-in courses for joint high-school and 0 junior college credit; or

0 3) on a full-time basis in a private secondary school in a program leading toward a high school diploma; and / 2 U b. complying with:

S 1) the minimum attendance requirements of Subchapter C, Chapter 25, V Education Code; or 0 L 2) the minimum attendance requirements imposed by that school in which the

a'5 child is enrolled, if the child is enrolled in a private secondary school;

S 2. the child marries; 4 3. the child dies; or

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4. the child's disabilities are otherwise removed for general purposes.

Withholding from Earnings.

IT IS ORDERED that any employer of Michael A. Sarro shall be ordered to withhold from

earnings for child support from the disposable earnings of Michael A. Sarro for the supportof

MTCHAEL ANDREW SARRO.

if IS FURTHER ORDERED that all amounts withheld from the disposable earnings of

Michael A. Sarro 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 decree 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 100 percent of the amount ordered to be paid by this decree, the balance due

remains an obligation of Michael A. Sarro, and it is hereby ORDERED that Michael A. Sarro pay

the balance due directly to the state disbursement unit specified below.

On this date the Court signed an Order/Notice to Withhold Income for Child Support.

U Payment 4 a IT IS ORDERED that all payments shall be made through the Texas Child Support 1 Disbursement Unit at P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly

remitted to Joyce Ann Sarro for the support of the child. ITIS ORDERED that each party shall pay,

when due, all fees, charged to that party by the agency through which child support is paid.

Change of Employment

4 IT IS FURTHER ORDERED that Michael A. Sarro shall notify this Court and Joyce Ann

4 Sarro by U.S. certified mail, return receipt requested, of any change of address and of any

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termination of employment. This notice shall be given no later than seven days after the change of

address or the termination of employment. This notice or a subsequent notice shall also provide the

current address of Michael A. Sarro and the name and address of his current employer, whenever that

information becomes available.

Clerk's Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title W-D agency, the

friend of the Court, a domestic relations office, Joyce Ann Sarro, Michael A. Sarro, or an attorney

representing Joyce Ann Sarro or Michael A. Sarro, the clerk of this Court shall cause a certified copy

of the Order/Notice to Withhold Income for Child Support to be delivered to any employer.

Health Care.

if IS ORDERED that medical support shall be provided for the child as follows:

1. Michael A. Sarro's Responsibility - It is the intent and purpose of this decree that

Michael A. Sarro shall, at all times, provide medical support for the child as additional child support.

14 IT IS THEREFORE ORDERED that, as additional child support, Michael A. Sarro shall provide

h medical support for the child, for as long as child support is payable under the terms of this decree,

as set out herein.

2. Definition - 'Health insurance" means insurance coverage that provides basic health-

v care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, 0 L 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 S 4 thereof.

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"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 Michael A. Sarro's Employment, Union, Trade Association, or

Other Organization - The Court finds that the child is currently enrolled as a beneficiary of a health

insurance plan provided through Michael A. Sarro's employment or membership in a union, trade

association, or other organization at a reasonable cost. IT IS ORDERED that Michael A. Sarro 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 child through Michael A. Sarro's employer,

union, trade association, or other organization as issued by VIA Metropolitan Transit 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,

Michael A. Sarro is ORDERED to obtain and maintain coverage for the benefit of the child 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 Joyce Ann Sarro's Employment, Union, Trade Association, or Other

U Organization - If health insurance for the child ceases to be available through Michael A. Sarro's

*

employer, union, trade association, or other organization but is available at a reasonable cost through U Joyce Ann Sarro' s employer, or other organization, Joyce Ann Sarro is ORDERED to have the child

V covered on her health insurance and Michael A. Sarro is ORDERED to pay Joyce Ann Sarro at her 0 L. last known address the costs of insuring the child on Joyce Ann Sarro's health insurance plan,

g beginning on the first day of the month following the date Michael A. Sarro first receives written S 4 notice of the amount of the premium from Joyce Ann Sarro. Accompanying the first such written

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notification and any subsequent notifications informing of a change in the premium amount, Joyce

Ann Sarro is ORDERED to provide Michael A. Sarro with documentation from her employer, union,

trade association, or other organization of the cost to Joyce Ann Sarro of providing coverage for the

child.

4. Claim Forms - Except as provided in paragraph 6 below, the party who is not carrying

the health insurance policy covering the child 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 thechild.

The party who is carrying the health insurance policy covering the child 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 the child to the insurance carrier within ten days of

that party's receiving any form, receipt, bill, or statement reflecting the expenses.

Constructive Trust for Payments Received - if IS ORDERED that any insurance

payments received by the party from the health insurance carrier as reimbursement for health-care

expenses incurred by or on behalf of the child shall belong to the party who incurred and paid those

expenses. IT IS FURTHER ORDERED that the party receiving 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 patty, and the party carrying the policy shall endorse and

forward the checks or payments, along with any explanation of benefits, to the other party within

three days of receiving them.

6. Filing by Party Not Carrying Insurance - In accordance with article 3.5 1-13 of the

Texas Insurance Code, if IS ORDERED that the party who is not carrying the health insurance

Final Decree of Divorce - Page 19

DOCUMENT SCANNED AS FILED

policy covering the child may, at that party's option, file directly with the insurance carrier with

whom coverage is provided for the benefit of the child any claims for health-care expenses,

including, but not limited to, medical, hospitalization, and dental costs and receive payments directly

from the insurance company.

Secondary Coverage - IT IS ORDERED that nothing in this decree shall prevent

either party from providing secondary health insurance coverage for the child at that party's sole cost

and expense. IT IS FURTHER ORDERED that if a party provides secondary health insurance

coverage for the child, 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 child and to ensure that the party who pays for health-care expenses for the child is reimbursed

for the payment from both carriers to the fullest extent possible.

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 child in order to assure maximum reimbursement or direct paymentby 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 due to the failure of a party to follow procedures or requirements of the carrier,

if IS ORDERED that the party failing to follow the carrier's procedures or requirements shall be

wholly responsible for the increased portion of that bi]l.

Final Decree of Divorce - Page 20

DOCUMENT SCANNED AS FILED

if health insurance coverage for the child is provided through a health maintenance

organization (liMO) 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 expenes are incurred by using that liMO or PPO plan, Michael A. Sarro is

ORDERED to pay 50 percent and Joyce Ann Sarro is ORDERED to pay 50 percent of all reasonable

and necessary health-tare expenses not paid by insurance and incurred by or on behalf of the parties'

child, 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 under the

terms of this decree. If a party incurs health-care expenses for a child by using the services of health-

care providers not employed by the liMO 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 behalf of the child, as set out above.

ID 4 if the child is ehrolled in a health-care plan that is not an HMO or a PPO, Michael A. Sano

is ORDERED to pay 50 percent and Joyce Ann Sarro 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 child, including, without limitation, the yearly deductible, if any, and medical,' surgical,

V prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic 0 L. charges, for as long as child support is payable under the terms of this decree. 4 3 9. Payment of Uninsured Expenses - iT IS ORDERED that the party who pays for a S 4 health-care expense on behalf of the child shall submit to the other party, within ten days of receiving

(3 Final Decree of Divorce - Page 21

DOCUMENT SCANNED AS FILED

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 child. 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.

10. Exclusions - The provisions above concerning uninsured expenses shall not be

interpreted to include expenses for travel to and from the health-care provider or nonprescription

medication.

II. 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.

12. Information Required - if IS ORDERED that a party providing health insurance shall 0 4 furnish to the other party and the child support registry the following information no later than the

thirtieth day after the date the notice of the rendition of this decree 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 child; and

(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 Decree of Divorce - Page 22

DOCUMENT SCANNED AS FILED

claim forms, and any other information necessary to submit a claim or, if the

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.

if IS FURTHER ORDERED that any party carrying health insurance on the child 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.

if IS FURTHER ORDERED that a party providing health insurance shall provide to the

other party and the child support registry 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.

13. Termination or Lapse of Insurance - If the health insurance coverage for the child

lapses or terminates, the party who is providing the insurance is ORDERED to notify the other party a4 no later than the fifteenth day after the date of termination or lapse. If additional health insurance / U is available or becomes available at a reasonable cost to Michael A. Sarro for the child, Michael A. 1 Sano is ORDERED to notify Joyce Ann Sarro and the child support registry no later than the

fifteenth day after the date the insurance becomes available and to enroll the child in a health

insurance plan at the next available enrollment period.

14. Place of Transmittal - IT IS ORDERED that all bills, invoices, statements, claims, a explanations of benefits, insurance policies, medical insurance identification cards, other documents,

a and written notices, as well as payments, required to be transmitted by one party to the other under p Final Decree of Divorce - Page 23 3 U p

DOCUMENT SCANNED AS FILED

the health-care coverage and health insurance provisions of this decree shall be transmitted by the

sending party to the residence of the receiving party.

15. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE 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 CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD

HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST

OF HEALTH INSURANCE PREMTUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF

OF THE CHILD.

No Credit for Informal Payments.

if IS ORDERED that the child support as prescribed in this decree shall be exciusive]y

discharged in the manner ordered and that any direct payments made by Michael A. Sarro to Joyce

Ann Sarro or any expenditures incurred by Michael A. Sarro during Michael A. Sarro's periods of

possession of or access to the child, as prescribed in this decree, for food, clothing, gifts, travel, () 4 shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this / decree.

1' Support as Obligation of Estate.

IT IS ORDERED that the provisions for child support in this decree shall be an obligation

of the estate of Michael A. Sarro and shall not terminate on the death of Michael A. Sarro. Payments

received for the benefitof the child from the Social Security Administration, Department of Veterans

I F'

Affairs, other government agency, or lifeinsurance shall be a credit against this obligation.

Termination of Orders on Remarriage of Parties

Final Decree of Divorce - Page 24

DOCUMENT SCANNED AS FILED

The provisions of this decree relating to current child support terminate on the remarriage

of MichaelA. Sarro to Joyce Ann Sarro unless a nonparent or agency has been appointed conservator

of the child under chapter 153 of the Texas Family Code. An obligation to pay child support under

this decree does not terminate on the death of Joyce Ann Sarro but continues as an obligation to

MICHAEL ANDREW SARRO.

Medical Notification

Each party is ORDERED to inform the other party within twenty-four hours of any medical

condition of the parties' child requiring Surgical intervention, hospitalization, or both.

Information Regarding Parties

The information required for each party by section 105.006(a) of the Texas Family Code is

as follows:

Name: Michael A. Sarro Social Security number: XXX-XX-XXXX Driver's license number: 07300173 Issuing state: Texas Current residence address: 10426 Severn Road, San Antonio, Texas 78217 Mailing address: 10426 Severn Road, San Antonio, Texas 78217 Home telephone number: (210) 602-8010 C)

Name of employer: VIA Metropolitan Transit Address of employment: 800W. Myrtle, San Antonio, Texas 78212 b Work telephone number: (210) 362-2460 1 / Name: Joyce Ann Sarro Social Security number: 467- 17-4430 Driver's license number 00641322 Issuing state: Texas Current residence address: P.O. Box 762352, San Antonio, Texas 78245 Mailing address: P.O. Box 762352, San Antonio, Texas 78245 Home telephone number: (210) 299-3735 L Name of employer: Self-employed Address of employment: P.O. Box 762352, San Antonio, Texas 78245 Work telephone number: (210) 299-3735 S 4 EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH F (1 Final Decree of Divorce - Page 25

i$1

DOCUMENT SCANNED AS FILED

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, DRIVERS

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 OFTHE CHANGE

ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE

CHANGE.

THE DUTY TO FURNTSH 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 U ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. 4 FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH 1 / OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN 3 THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE

THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE 0 L PUNISHED BY CONFINEMENT IN JAR FOR UP TO SIX MONTHS, A FINE OF UP TO $500 4 3 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF AFFORNEY'S S 4 FEES AND COURT COSTS.

Final Decree of Divorce - Page 26

DOCUMENT SCANNED AS FILED

Notice shall be given to the other party by delivering a copy of the notice to the party by

registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering

a copy of the notice either in person to the clerk of the Court or by registered or certified mail

addressed to the clerk at 100 Dolorosa, San Antonio, Texas 78205. 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.

WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD

SUPPORT OR FOR 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 FOR EACH VIOLATION, AND A MONEY JUDGMENT

FOR PAYMENT OF AYFORNEY'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'S

NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.

/ 0 FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING 1 THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL ' 1 BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY 5 FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

! Division of Marital Estate

The Court finds that the following is a just and right division of the parties' marital estate, 5 4 having due regard for the rights of each party and the child of the maniage. P (3 Final Decree of Divorce - Page27

DOCUMENT SCANNED AS FILED

Property to Husband

IT IS ORDERED AND DECREED that the husband, Michael A. Sarro, 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:

Fl-i. One-half undivided interest in the following real property: Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of San Antonio, Bexar County, Texas, according to the map or plat of record in Volume 9531, Pages 181- 183, Deed and Flat Records of Bexar County, Texas.

H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-3. The following furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment, current in possession of Respondent: Indian picture, three (3) Boston acoustic speakers, two (2) black speaker stands, wheel barrow, Via bench, and BBQ pit.

H-4. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control. -

H-S. All sums of cash in the possession of the husband or subject to his sole 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 4 or which are subject to the husband's sole control. / 9 H-6. The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, o employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband's past, present, or future employment including but not limited to VIA Metropolitan Transit y Retirement Plan; and Public Sector Service Center Deferred Compensation account O no. XXX-XX-XXXX, subject to that portion awarded to Respondent herein.

H-7. The individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband's name.

4 H-S. All policies of life insurance (including cash values) insuring the husband's life. p 6 Final Decree of Divorce - Page 28

DOCUMENT SCANNED AS FILED

H-9. The 1992 Acura Vigor motor vehicle together with all prepaid insurance, keys and title documents.

H-b. Any property or interests acquired by Michael A. Sarro after July 17, 1998 which is further confirmed as the separate property of Michael A. Sarro.

Property to Wife

IT IS ORDERED AND DECREED that the wife, Joyce Ann Sarro, is 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- 1. One-half undivided interest in and to the following real property, including but not limited to any escrow funds, prepaid insurance, keys, house plans, warranties and service contracts, and title and closing documents; and all utility deposits in her name: Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of San Antonio, Bexar County, Texas, according to the map or plat of record in Volume 9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas.

W-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-3. All clothing, jewelry, and other personal effects in the possession of the wife or subject to her control.

• All sums of-cash in the possession-of the wife or subject to her sole control, including U funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife's sole 0 name or from which the wife has the sole right to withdraw finds or which are subject to the wife's sole control. -

1 W-5. A 50% portion of Michael A. Sarro's retirement benefits in (a) the income and S principal accrued from June 6, 1993 until July 17, 1998, of the VIA Metropolitan Transit Retirement Plan: and (b) a 50% portion of the income accrued from June 6, C 1993 until July17, 1998, of the Public Sector Service CenterDeferred Compensation account no. XXX-XX-XXXX, arising out of Michael A. Sarro's employment with VIA 4 Metropolitan Transit, more particularly defined in the Qualified Domestic Relations 3 Order signed by the Court. 5 4 W-6. The 1992 Honda Civic motor vehicle together with all prepaid insurance, keys, and title documents.

Final Decree of Divorce - Page 29 3 U

DOCUMENT SCANNED AS FILED

W-7. The 1985 Toyota Pickup together with all prepaid insurance, keys, and title documents.

W-8. Any property or interests acquired by Joyce Ann Sarro after July 17, 1998 which is further confirmed as the separate property of Joyce Ann Sarro.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husbnd, Michael A. Sarro, 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-i. Any and all debts, charges, liabilities, and other obligations incurred solely by the

husband from and after March 10, 1998 unless express provision is made in this

decree to the contrary.

H-2. The balance due, including principal, interest, and all other charges, on the promissory

note given as part of the purchase price of and secured by a lien on the 1992 Acura

Vigor motor vehicle awarded to husband.

4 H-3. All encumbrances, ad valorem taxes, liens, assessments, or other charge due or to I 0 become due on the personal property awarded to the husband in this decree unless

express provision is made in this decree.

95 H-4. All accounts in Petitioner's name, inclluding the following debts, charges, liabilities,

V and obligations: U L 1. Capital One Visa 4 3 2. Capital One Visa

z 3. Providian Visa Classic P G Final Decree of Divorce - Page 30 3 U

DOCUMENT SCANNED AS FILED

ri, Alice Sarro

5. Sears (Respondent's) account to be closed immediately, Husband is

responsible for the balance only through April, 1998.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, Joyce Ann Sarro, 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- 1. Any and all debts, charges, liabilities, and other obligations incurred solely by the wife

from and after March 10, 1998 unless express provision is made in this decree to the

contrary.

W-2. The balance due, including principal, interest, tax, and insurance escrow, on the

promissory note executed by Michael A. Sarro, in the original principal sum of

approximately $91,718.00, dated March 20, 1996, payable to Old Kent Mortgage

Company, and secured by deed of trust on the real property awarded in this decree to 13 husband and wife, which is recorded in the Deed of Trust Records of Bexar County, 4 0 Texas. '1 W-3. All accounts in Respondent's name, including the following debts, charges,

1 liabilities, and obligations: S I. Circuit City

V U L 2. Spiegal 4 3. Best Bank/Visa 3 S 4 4. JCPenneys

Final Decree of Divorce - Page 31

DOCUMENT SCANNED AS FILED

5. Mervyns

6. Beaus

7. Best Buy

8. Conns

9. Dillards

10. Levitz

1I. Lacks

W-4. All encumbrances, ad valorem taxes, liens, assessments, or other charge due or to

become due on the personal property awarded to the husband in this decree unless

express provision is made in this decree.

W-5. Thebalance due, including principal, interest and all other charges, on the promissary

note payable to Michael Engelte, and given as part of the purchase of and secured by

lien on the 1985 Toyota Pickup Truck motor vehicle awarded to wife.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three

O days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

PROVISIONS DEALING WITH SALE OF RESIDENCE

v IT IS FURTHER ORDERED AND DECREED that unless otherwise herein, upon the child U attaining the age of eighteen years and otherwise emancipated, the property and all improvements

located thereon at lotl6, block 1, New City Block 19148, Guilbeau Park subdivision, section/unit 4, 5 4 according to the map, plat, or deed records of San Antonio, Bexar County, Texas, and more

6 Final Decree of Divorce - Page 32

DOCUMENT SCANNED AS FILED

commonly know as 8839 Roquefort, San Antonio, Bexar County, Texas, shall be sold under the

following terms and conditions:

The parties shall list the property with a duly licensed real estate broker having sales

experience in the area where the property is located, provided further that the real estate broker shall

be an active member in the Multiple Listing Service with the San Antonio Board of Realtors.

2. The property shall be sold for a price that is mutually agreeable to Petitioner and

Respondent. if no agreement is reached with 30 days, the court retains jurisdiction to enter any further

orders, as neceAsary.

3. Respondent shall continue to make all payments of principal, interest, taxes, and

insurance on the property after the entry of the decree and during the pendency of the sale, and

Respondent shall have the exclusive right to enjoy the use and possession of the premises until

closing. All maintenance and repairs necessary to keep the property in its present condition shall be

paid by Respondent

4. At closing, the Respondent shall be entitledto receive seventy-five -percent (75%) of

04 the net proceeds, after payment of closing cost and remaining encumbrance owed to Old Kent / U Mortgage Company (or its successors or assigns), and Petitioner shall be entitled to receive Twenty

-five percent (25%) of the net proceeds, after payment of closing costs and remaining encumbrance 0 1. owed to Old Kent Mortgage Company (or its successors or assigns). S v 5. The real property shall not be used to secure any home equity mortgages prior to the 0 L sale.

6. After July 17, 2002 but prior to the child is otherwise emancipated or by order of the 5 4 court, the parties may mutually agree ti sell the house under the provisions provided on subparagraphs

Final Decree of Divorce - Page 33

DOCUMENT SCANNED AS FILED

(1)-(5) above.

7. If respondent secures refinancing in her name only, on or before July 12, 2002, no net

sales proceeds shall be divided between the parties.

Attorneys Fees

To effect an equitable division of the estate of the parties and as a part of the division, and for

services rendered in connection with conservatorship and support of the child, each party shall be

responsible for his or her own attorney's fees, expenses and costs incurred as a result of legal

representation in this case.

Confirmation of Separate Property

IT IS ORDERED AND DECREED that the following described property is confirmed as the separate

property of MICHAEL SARRO:

1. all property and interests acquired by Michael A. Sarro after July 17, 1998; and

2. any and all of Petitioner's interest in retirement plan and deferred compensation plan

on or before June 5, 1993.

0 IT IS ORDERED AND DECREED that the following described property is confirmed as the '9 a1 separate property of Joyce Ann Sarro: 7 1. all property and interests acquired by Joyce Ann Sarro after July 17, 1998; and 2 '3 1 2. personal injury lawsuit against Gunn-Acura; however, Respondent is responsible for S V payment of all related medical expenses. 0 L Transfer and Delivery of Property 4 Michael A. Sarro is ORDERED to appear in the law offices of Pedro V. Hernandez, Jr. at 301 3 S 4 So. Main Ave., San Antonio, Texas 78204 at 10:00 am, on August 26, 1998, and to execute, have

Final Decree of Divorce - Page 34

DOCUMENT SCANNED AS FILED

acknowledged, and deliver to Pedro Hernandez these instruments:

1. Power of attorney to transfer motor vehicle.

Michael A. Sarro is ORDERED to appear in the law offices of Pedro V. Hernandez, Jr. at 301

So. Main Ave., San Antonio, Texas 78204 at 10:00 am. on July 3 1,1998, and to execute, have

acknowledged, and deliver to John A. Mead these instruments:

Certificate of title to motor vehicle; and

2. Power of attorney to transfer motor vehicle.

This decree shall serve as a muniment of title to transfer ownership of all property awarded

to any party in this Final Decree of Divorce.

Direction to Deliver Property

Michael A. Sarro is ORDERED to deliver to Joyce Ann Sarro on August 26, 1998 at 301 So.

Main Ave., San Antonio, Texas 78204 at 6:00 p.m. these items:

1. All Tax statements, house papers, payment book and keys in his possession, custody

or control, for property located at 8839 Roquefort, San Antonio, Texas 78250.

Joyce Ann Sarro is ORDERED to deliver to Michael A. Sarro on August 26, 1998 at 301 So. Main

Ave., San Antonio, Texas 78204 at 6:00 p.m. these items:

1. All legal papers pertaining to the vehicle awarded to husband, a power of attorney,

together with all key's insurances policies, registration, papers, and title documents.

2. Other items to be picked up my Michael A. Sarro at 8839 Roquefort, San Antonio, Tx

on August 21, 1998, at 6:00 p.m.: Indian picture, three (3) Boston acoustic speakers, Two (2) black

speaker stands, wheel barrow, Via bench, and BBQ pit.

Fina' Decree of Divorce - Page 35

DOCUMENT SCANNED AS FILED

Court Costs

if IS ORDERED AND DECREED that costs of court are to be borne by the party who

incurred them.

Discharge from Discovery Retention Requirement

if IS ORDERED AND DECREED that the parties and their respective attorneys are

discharged 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.

Clarifying Orders

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.

Relief Not Granted

if IS ORDERED AND DECREED that all relief requested in this case and not expressly

granted is denied. This is a. final judgment, for which let execution and all writs and processes

necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties

0 and is appealable. 9 14. Date of Judgment

This divorce judicially PRONOUNCED AND RENDERED in Court at San Antonio, Bexar

1. County, Texas, on August 17, 2004 and further noted on the Court's Docket sheet on the same date, S lJday of.

V 0 L 4 but signed on the fr2O15.

Z

A & PRESIDING

tt,4 ~~

3 S 4 P C, Final Decree of Divorce Page 36 -

DOCUMENT SCAIThED AS FILED

APPROVED AS TO FORM ONLY;

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Appendix B

DOCUMENT SCANNED AS FILED

11 1tMMII 1610

0

0 Ill 1998C103821 -D073

NO. 1998-CI-03821

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § §

MICHAEL A. SARRO § AND § 73RD JUDICIAL DISTRICT JOYCE ANN SARRO § §

AND IN THE INTEREST OF § M.A.S., A CHILD § BEXAR COUNTY, TEXAS

ORDER DENYING MOTION FOR NEW TRIAL

On June 11, 2015, Judge Nellermoe heard legal argument and considered the

Respondent's Motion for New Trial.

The Court finds that the Motion for New Trial is denied.

SIGNED on JUN i 2 zolS

JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

0 91 CORDELL & CORDELL, P.C.

10101 Reunion Place, Suite 250 San Antonio, Texas 78216 2 Tel: (210) 812-3400 9S Fax: (210) 812-3401

V 0 L By: e' ,tj Lt

Cordell & Cordell, LLP, by Rachel S. Attorney for Michael A. Sarro 1? 9 State Bar No. 24081315 6 santoffice@cordelllaw.com P

2 U IMOM Sar7-0198-cI -03821 4 Order Denying Motion for New Trial/RSS Page 1

DOCUMENT SCANNED AS FILED

LAW OFFICES OF JOHN A. MEAD Tower Life Building 310 S. St. Mary's St., Suite 1470 San Antonio, TX 78205 Tel: (210) 222-0981 Fax: (210) 281-1845

JOFVA. MEAD Attorney for Joyce Ann Sarro State Bar No.:13878800 johncjohnrneadIaw.corn

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1.

Appendix C

Ll

NO. 98-CI-03821

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF § §

MICHAEL A. SARRO §

AND § 73RD JUDICIAL DISTRICT

JOYCE ANN SARRO § §

AND IN THE INTEREST OF § MICHAEL ANDREW SARRO, A § BEXAR COUNTY, TEXAS CHILD

FINAL DECREE OF DIVORCE

On July 17, 1998, the Court heard this case.

1. Appearances.

Petitioner, MICHAEL A. SARRO, appeared in person and through attorney of record, PEDRO V. HERNANDEZ, JR., and announced ready for trial.

Respondent, JOYCE ANN SARRO, appeared in person and through attorney of record, ABEL A. DOMINGUEZ, and announced ready for trial.

Record.

The record of testimony was duly reported by

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 of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of Texas for at least a six-month period preceding the filing of this action and a resident of the county in which this suit is filed for at least a ninety-day period preceding the filing of this action. All persons entitled to citation were properly cited. 4. Jun.

A jury was waived, and all questions of fact and of law were submitted to the Court.

5. Divorce.

IT IS ORDERED AND DECREED that MICHAEL A. SARRO, Petitioner, and JOYCE

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ANN SARRO, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. 6. Child of the Marriage.

The Court finds that Petitioner and Respondent are the parents of the following child: Name: MICHAEL ANDREW SARRO Sex: MALE Birthplace:SAN ANTONIO, TX Birth date:June 23, 1994 Home state:Texas The Court finds no other children of the marriage are expected.

7. Conservatorship and Support.

The Court, having considered the circumstances of the parents and of the child, finds that the following orders are in the best interest of the child.

Parent Joint Managing Conservators. IT IS ORDERED that MICHAEL A. SARRO and JOYCE ANN SARRO are appointed parent joint managing conservators of the following child: MICHAEL ANDREW SA.RRO.

Rights and Duties at All Times. IT IS ORDERED that, at all times, MICHAEL A. SARRO and JOYCE ANN SARRO, as parent joint managing conservators, shall each have the following rights and duty:

I. the right to receive information from the other parent concerning the health, education, and welfare of the child;

2. the duty to inform the other parent in a timely manner of significant information concerning the health, education, and welfare of the child;

3. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

4. the right of access to medical, dental, psychological, and educational records of the child;

5. the right to consult with a physician, dentist, or psychologist of the child; 6. the right to consult with school officials concerning the child's welfare and educational status, including school activities;

7. the right to attend school activities; 8. the right to be designated on the child's records as a person to be notified in case of an emergency;

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9. the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and 10.

the right to manage the estate of the child to the extent the estate has been created by the parent or the parent's family.

Rights and Duties during Periods of Possession. IT IS ORDERED that, during their respective periods of possession, MICHAEL A.

SARRO and JOYCE ANN SARRO, as parent joint managing conservators, shall each have the following rights and duties:

1. the duty of care, control, protection, and reasonable discipline of the child; 2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

3. the right to consent for the child to medical and dental care not involving an invasive procedure;

4. the right to consent for the child to medical, dental, and surgical treatment during an emergency involving immediate danger to the health and safety of the child; and the right to direct the moral and religious training of the child.

Other Rights and Duties of Petitioner. IT IS ORDERED that MICHAEL A. SARRO, as a parent joint managing conservator, shall have the following rights and duty:

1. the right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment of the child subject to the agreement of the other parent conservator;

2. the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child subject to the agreement of the other parent conservator;

the right to consent to marriage and to enlistment in the armed forces of the United States subject to the agreement of the other parent conservator;

4. the right to make decisions concerning the child's education subject to the agreement of the other parent conservator, except as otherwise ordered herein by the Court;

5. the right to the services and earnings of the child subject to the agreement of the other parent conservator;

6. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's

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estate if the child's action is required by a state, the United States, or a foreign government subject to the agreement of the other parent conservator; and 7. the duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents subject to the agreement of the other parent conservator.

Other Ri g hts and Duty of Respondent. IT IS ORDERED that JOYCE ANN SARRO, as a parent joint managing conservator, shall have the following rights and duty:

1. the right to establish the primary residence of the child; 2. the right to consent to medical, dental, and surgical treatment involving invasive procedures and to consent to psychiatric and psychological treatment of the child subject to the agreement of the other parent conservator;

3. the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

4. the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child subject to the agreement of the other parent conservator;

5. the right to consent to marriage and to enlistment in the armed forces of the United States subject to the agreement of the other parent conservator;

6. the right to make decisions concerning the child's education subject to the agreement of the other parent conservator, except as otherwise ordered herein by the court;

the right to the services and earnings of the child subject to the agreement of the other parent conservator;

8. except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government subject to the agreement of the other parent conservator; and 9. the duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents subject to the agreement of the other parent conservator.

Education - No Home School IT IS ORDERED that the child shall not be educated by at home by Respondent, Home Schooling, unless otherwise ordered by the court.

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Geographical Area for Primary Residence. IT IS ORDERED that the primary residence of the child shall be within Bexar, Bandera, Medina, Atascosa or Comal County, TX. The parties shall not remove the child from within Bexar, Bandera, Medina, Atascosa or Comal County, TX for the purpose of changing the primary residence of the child 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 JOYCE ANN SARRO shall have exclusive right to establish the child's primary residence within Bexar, Bandera, Medina, Atascosa or Comal County, TX.

Standard Possession Order The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317. IT IS ORDERED that the conservators shall comply with all terms and conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the signing of this Standard Possession Order. IT IS, THEREFORE, ORDERED:

(a) Definitions In this Standard 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 Standard 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 IT IS ORDERED that the conservators shall have possession of the child 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 child under the specified terms set out in this Standard Possession Order. (c) Parents Who Reside 100 Miles or Less Anart Except as otherwise explicitly provided in this Standard Possession Order, when MICHAEL A. SARRO resides 100 miles or less from the primary residence of the child, MICHAEL A. SARR.O shall have the right to possession of the child as follows:

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1. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2. Weekend Possession Extended by a Friday Holiday. Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by MICHAEL A. SARRO begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday.

3. Weekend Possession Extended b y a Monday Holiday. Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by MICHAEL A. SARRO ends on or is immediately followed by a Monday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, that weekend period of possession shall end at 6:00 p.m. on that Monday holiday or school holiday.

4. Wednesdays - On Wednesday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

5. Christmas Holidays in Even-Numbered Year - In even-numbered years, 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.

6. Christmas Holiday s in Odd-Numbered Years - In odd-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

7. Thanksgiving 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 Thanksgiving holiday and ending at 6:00 p.m. on the following Sunday.

8. Spring Break in Even-Numbered Years - In even-numbered years, 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.

9. Extended Summer Possession by MICHAEL A. SARRO

With Written Notice by May I - If MICHAEL A. SARRO gives JOYCE ANN SARRO written notice by May 1 of a year specifying an extended period or periods of summer possession for that year, MICHAEL A. SAR.RO shall have possession of the child for thirty days beginning no earlier than the day after the child's school is dismissed

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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. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice b y May 1 - If MICHAEL A. SARRO does not give JOYCE ANN SARRO written notice by May I of a year specifying an extended period or periods of summer possession for that year, MICHAEL A. SARRO shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

10. Child's Birthday - If MICHAEL A. SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, MICHAEL A. SARRO shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that MICHAEL A. SARRO picks up the child from JOYCE ANN SARRO's residence and returns the child to that same place.

11. Father's Day Weekend - 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 he is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from JOYCE ANN SARRO's residence and return the child to that same place.

Notwithstanding the weekend and Wednesday periods of possession ORDERED

for MICHAEL A. SARRO, it is explicitly ORDERED that JOYCE ANN SARRO shall

have a superior right of possession of the child as follows:

1. Christmas Holidays 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 Christmas school vacation and ending at noon on December 26.

2. Christmas Holidays in Even-Numbered Years - In even-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3. Thanksgiving in Even-Numbered Years - In even-numbered years, 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 following Sunday.

4. Spring 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

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and ending at 6:00 p.m. on the day before school resumes after that vacation.

5. Summer Weekend Possession by JOYCE ANN SARRO - If JOYCE ANN SARRO gives MICHAEL A. SARRO written notice by June 1 of a year, JOYCE ANN SARR.O shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by MICHAEL A. SARRO in that year, provided that JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO and returns the child to that same place.

6. Extended Surhmer Possession by JOYCE ANN SARRO - If JOYCE ANN SARRO gives MICHAEL A. SAR.RO written notice by May 15 of a year or gives MICHAEL A. SARRO fourteen days written notice on or after May 16 of a year, JOYCE ANN SARRO may designate one weekend 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, during which an otherwise scheduled weekend period of possession by MICHAEL A. SAR.RO shall not take place in that year, provided that the weekend so designated does not interfere with MICHAEL A. SARRO's period or periods of extended summer possession or with Father's Day Weekend.

7. Child's Birthday - If JOYCE ANN SAR.RO is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, JOYCE ANN SARRO shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO's residence and returns the child to that same place.

8. Mother's Day Weekend - 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 JOYCE ANN SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from MICHAEL A. SARRO's residence and return the child to that same place.

JOYCE ANN SARRO shall have the right of possession of the child at all other

times not specifically designated in this Standard Possession Order for MICHAEL A.

(d) Parents Who Reside More Than 100 Miles Apart

Except as otherwise explicitly provided in this Standard Possession Order,

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S n when MICHAEL A. SARRO resides more than 100 miles from the residence of

the child, MICHAEL A. SARRO shall have the right to possession of the child as

follows:

1. Weekends - Unless MICHAEL A. SARRO elects the alternative period of weekend possession described in the next paragraph, MICHAEL A. SARRO shall have the right to possession of the child on weekends, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by MICHAEL A. SARRO begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable.

Alternate weekend possession - In lieu of the weekend possession described in the foregoing paragraph, MICHAEL A. SARRO shall have the right to possession of the child not more than one weekend per month of MICHAEL A. SARRO'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. Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by MICHAEL A. SARRO begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as applicable. MICHAEL A. SARRO may elect an option for this alternative period of weekend possession by giving written notice to JOYCE ANN SAflO within ninety days after the parties begin to reside more than 100 miles apart. If MICHAEL A. SARRO makes this election, MICHAEL A. SARRO shall give JOYCE ANN SARRO 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 Mother's Day Weekend below.

2. Christmas Holidays in Even-Numbered Years - In even-numbered years, 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.

3. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school

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resumes after that Christmas school vacation.

4. Thanksgiving 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 Thanksgiving holiday and ending at 6:00 p.m. on the following Sunday.

5. 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.

6. Extended Suthmer Possession b y MICHAEL A. SARRO -

With Written Notice by May 1 - If MICHAEL A. SARRO gives JOYCE ANN SARRO written notice by May 1 of a year specifying an extended period or periods of summer possession for that year, MICHAEL A. SARRO 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, as specified in the written notice. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by May 1 - If MICHAEL A. SARRO does not give JOYCE ANN SARRO written notice by May 1 of a year specifying an extended period or periods of summer possession for that year, MICHAEL A. SARRO 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.

7. Child's Birthday - If MICHAEL A. SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, MICHAEL A. SARRO shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that MICHAEL A. SARRO picks up the child from JOYCE ANN SARRO's residence and returns the child to that same place.

8. Father's Day Weekend - 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 MICHAEL A. SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from JOYCE ANN SARRO's residence and return the child to that same place.

Notwithstanding the weekend periods of possession ORDERED for MICHAEL

A. SARRO, it is explicitly ORDERED that JOYCE ANN SARRO shall have a superior

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right of possession of the child as follows:

1. Christmas Holidays 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 Christmas school vacation and ending at noon on December 26.

2. Christmas Holiday s in Even-Numbered Years - In even-numbered years, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

3. Thanksgiving in Even-Numbered Years - In even-numbered years, 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 following Sunday.

4. Summer Weekend Possession by JOYCE ANN SARRO -If JOYCE ANN SARRO gives MICHAEL A. SAJtRO written notice by June 1 of a year, JOYCE ANN SABRO shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by MICHAEL A. SAR.RO during MICHAEL A. SARRO's extended summer possession in that year, provided that if a period of possession by MICHAEL A. SARRO in that year exceeds thirty days, JOYCE ANN SARRO may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and .provided that JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO and returns the child to that same place.

5. Extended Summer Possession by JOYCE ANN SARRO - If JOYCE ANN SARRO gives MICHAEL A. SARRO written notice by June 1 of a year, JOYCE ANN SARRO 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, during which MICHAEL A. SARRO shall not have possession of the child, provided that the period or periods so designated do not interfere with MICHAEL A. SARRO's period or periods of extended summer possession or with Father's Day Weekend.

6. Child's Birthday - If JOYCE ANN SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child on the child's birthday, JOYCE ANN SARRO shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO's residence and returns the child to that same place.

7. Mother's Day Weekend - 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

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. I JOYCE ANN SARRO is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from MICHAEL A. SARROs residence and return the child to that same place.

JOYCE ANN SARRO shall have the right of possession of the child at all other

times not specifically designated in this Standard Possession Order for MICHAEL A.

SARRO.

(e) General Terms and Conditions

Except as otherwise explicitly provided in this Standard 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:

1. Surrender of Child by JOYCE ANN SARRO - JOYCE ANN SARRO is ORDERED to surrender the child to MICHAEL A. SARRO at the beginning of each period of MICHAEL A. SARRCYs possession at the residence of JOYCE ANN SARRO.

2. Return of Child by MICHAEL A. SARRO - MICHAEL A. SARRO is ORDERED to return the child to the residence of JOYCE ANN SARRO at the end of each period of possession. However, it is ORDERED that, if MICHAEL A. SARROs county of residence remains the same after rendition of this order and JOYCE ANN SARR.O's county of residence changes, effective on the date of the change of residence by JOYCE ANN SARRO, MICHAEL A. SARRO shall surrender the child to JOYCE ANN SARRO at the residence of MICHAEL A. SARRO at the end of each period of possession.

3. Surrender of Child by MICHAEL A. SARRO - MICHAEL A. SARRO is ORDERED to surrender the child to JOYCE ANN SARRO, if the child is in MICHAEL A. SARRO's possession or subject to MICHAEL A. SARRO's control, at the beginning of each period of JOYCE ANN SARRO's exclusive periods of possession, at the place designated in this Standard Possession Order.

4. Return of Child by JOYCE ANN SARRO - JOYCE ANN SARRO is ORDERED to return the child to MICHAEL A. SARRO, if MICHAEL A. SARRO is entitled to possession of the child, at the end of each of JOYCE ANN SARRO's exclusive periods of possession, at the place designated in this Standard Possession Order.

5. Personal Effects - Each conservator is ORDERED to return with the child

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the personal effects that the child brought at the beginning of the period of possession.

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

7. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator's right of possession for any specified period.

8. 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.

This concludes the Standard Possession Order.

Duration. The periods of possession ordered above apply to the child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

Child Suoport. IT IS ORDERED that MICHAEL A. SARRO is obligated to pay and shall pay to JOYCE ANN SARRO child support of $491.79 per month, with the first payment being due and payable on August 1, 1998 and a like payment being due and payable on the 1st day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

the child reaches the age of eighteen years, provided that, if the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma, the periodic child-support payments shall continue to be due and paid until the end of the month in which the child graduates;

2. the child marries; 3. the child dies; 4. the child's disabilities are otherwise removed for general purposes; or 5. further order modifying this child support. Withholding from Earnings. IT IS ORDERED that any employer of MICHAEL A. SARRO shall be ordered to withhold from earnings for child support from the disposable earnings of MICHAEL A. SARRO for the support of MICHAEL ANDREW SARRO.

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Order to Employer. On this date the Court signed an "Employer's Order to Withhold from Earnings for Child Support."

IT IS ORDERED that all payments shall be made through Bexar County Child Support Registry, p o Box 839901, San Antonio, TX 78283 and then remitted by that agency to JOYCE ANN SARRO for the support of the child. IT IS FURTHER ORDERED that MICHAEL A. SARRO shall pay, when due, all fees charged by that agency.

IT IS FURTHER ORDERED that MICHAEL A. SARRO shall notify this Court and JOYCE ANN SARRO by U.S. certified mail, 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 termination of employment. This notice or a subsequent notice shall also provide the current address of MICHAEL A. SARRO and the name and address of obligor's current employer, whenever that information becomes available.

IT IS ORDERED that, on the request of a prosecuting attorney, the attorney general, JOYCE ANN SARRO, or MICHAEL A. SARRO, the clerk of this Court shall cause a certified copy of the "Employer's Order to Withhold from Earnings for Child Support" to be delivered to any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of subchapter C of chapter 158 of the Texas Family Code for the information of any employer.

Health Care. IT IS ORDERED that health insurance shall be provided for the child as follows:

MICHAEL A. SARRO's Responsibility - It is the intent and purpose of this decree that MICHAEL A. SARRO shall, at all times, provide and pay for health insurance for the child. IT IS THEREFORE ORDERED that, as additional child support, MICHAEL A. SARRO shall provide health insurance for the parties' child through (a) coverage available through MICHAEL A. SARRO's employment, (b) coverage available through JOYCE ANN SARRO's employment, (c) the purchase and maintenance of health insurance coverage as set out below, (d) monthly medical support payments withheld from earnings or (e) conversion (at a later date) of health insurance covering the child.

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 through a health maintenance organization or other private or public organization.

"Through employment" means through the party's employment or membership in a union,

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trade association, or other organization.

3. Insurance through MICHAEL A. SARR.Os Employment - IT IS ORDERED that, if health insurance is available for the child through MICHAEL A. SARROs employment, MICHAEL A. SARRO shall, at obligor's sole cost and expense, keep and maintain at all times in full force and effect the health insurance coverage that now insures the parties' child through MICHAEL A. SARRO's employer as issued by VIA Care Insurance Company, or a successor company, or through such health insurance plan as is available through other employment or other insurance provider.

4. Insurance through JOYCE ANN SARROs Employment - If health insurance is not available for the child to MICHAEL A. SARRO through obligors employment but is available to JOYCE ANN SARRO through obligee's employment, JOYCE ANN SA.RRO is ORDERED to have the child covered as obligee's dependent on obligee's health insurance plan and MICHAEL A. SARRO is ORDERED to pay to JOYCE ANN SARRO at obligees last known address the cost of insuring the child on JOYCE ANN SAR.ROs health insurance plan on the first day of each month after MICHAEL A. SARRO receives written demand from JOYCE ANN SARRO for payment.

5. Conversion of Policy - IT IS ORDERED that if the party through whose employment health insurance has been provided for the child is leaving that employment or for any other reason health insurance will not be available for the child through the employment of either party, 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 child 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 JOYCE ANN SARRO's employment, MICHAEL A. SARRO shall reimburse JOYCE ANN SARRO for the cost of the converted policy in accordance with paragraph 4. above.

6. If Policy Not Convertible - If the health insurance policy covering the child is not convertible and if no health insurance is available for the child through the employment of either party, IT IS ORDERED that MICHAEL A. SARRO shall purchase and maintain, at MICHAEL A. SARRO's sole cost and expense, health insurance coverage for the child. MICHAEL A. SARRO is ORDERED to provide verification of the purchase of the insurance to JOYCE ANN SARRO at JOYCE ANN SARRO's last known address, including the insurance certificate number and the plan summary, no later than 15 days following the issuance of the policy.

7. Claim Forms - Except as provided in paragraph 9. below, the party who is not

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carrying the health insurance policy covering the child 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 child.

The party who is carrying the health insurance policy covering the child 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 the child to the insurance carrier within ten 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 the party carrying the health insurance policy covering the child from the health insurance carrier as reimbursement for health-care expenses incurred by or on behalf of the child shall belong to the part y who incurred and paid those expenses. IT IS FURTHER ORDERED that the party carrying the policy 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 shall endorse and forward the checks or payments, along with any explanation of benefits, to the other party within three days of receiving them.

9. 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 child may, at that party's option, file directly with the insurance carrier with whom coverage is provided for the benefit of the child any claims for health-care expenses, including, but not limited to, medical, hospitalization, and dental costs. However, only the party carrying the health insurance may sign the claim form. Further, for the sole purpose of article 3.51-13 of the Texas Insurance Code, the party who is not carrying the health insurance policy is designated the managing conservator of the child.

10. Secondary Coverage - IT IS ORDERED that nothing in this decree shall prevent either party from providing secondary health insurance coverage for the child at that party's sole cost and expense. IT IS FURTHER ORDERED that if a party provides secondary health insurance coverage for the child, 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 child and to ensure that the party who pays for health-care expenses for the child is reimbursed for the payment.

11. Uninsured Expenses - MICHAEL A. SARRO is ORDERED to pay 50 percent and JOYCE ANN SARRO is ORDERED to pay 50 percent of all reasonable and necessary

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health-care expenses not paid by insurance and incurred by or on behalf of the parties' child, including, without limitation, the yearly deductible and medical, prescription drug, dental, eye care, ophthalmological, and orthodontic charges, for as long as child support is payable under the terms of this decree.

12. Payment of Uninsured Expenses - IT IS ORDERED that the party who pays for a health-care expense on behalf of the child shall submit to the other party, within ten days of receiving them, all forms, receipts, bills, and statements reflecting the uninsured portion of the health-care expenses the paying party incurs on behalf of the child. IT IS FURTHER ORDERED that, within ten days after the nonpaying party receives the forms, receipts, bills, or statements, 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.

13. Exclusions - The provisions above concerning uninsured expenses shall not be interpreted to include expenses for psychological testing, travel to and from the health-care provider, or nonprescription medication.

14. 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.

15. 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 decree 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 child; and (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, claim forms, and any other information necessary to submit a claim or, if the 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 FURTHER ORDERED that any party carrying health insurance on the child shall fixrnish to the other party a copy of any renewals or changes to the policy no later than the

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fifteenth day after the renewal or change is received.

IT IS FURTHER 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.

16. Order to Employer Entered - On this date an "Employer's Order to Withhold from Earnings for Child Support" was entered 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.

17. Termination or Lapse of Insurance - If the health insurance coverage for the child lapses or terminates, the party who is providing the insurance is ORDERED to notice the other party no later than the fifteenth day after the date of termination or lapse. If additional health insurance is available or becomes available to MICHAEL A. SARRO for the child, MICHAEL A. SARRO must notify JOYCE ANN SAflO no later than the fifteenth day after the date the insurance becomes available. MICHAEL A. SARRO must enroll the child in a health insurance plan at the next available enrollment period.

18. 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 of this decree shall be transmitted by the sending party to the residence of the receiving party.

19. Warning - A parent ordered to provide health insurance who fails to do so is liable for necessary medical expenses of the child, without regard to whether the expenses would have been paid if health insurance had been provided.

No Credit for Informal Payments. IT IS ORDERED that the child support as prescribed in this decree shall be exclusively discharged in the manner ordered and that any direct payments made by MICHAEL A. SARRO to JOYCE ANN SARRO or any expenditures incurred by MICHAEL A. SARRO during MICHAEL A. SARRO's periods of possession of or access to the child, as prescribed in this decree, for food, clothing, gifts, travel, shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this decree.

Sunoort as Obligation of Estate. IT IS ORDERED that the provisions for child support in this decree shall be an obligation

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of the estate of MICHAEL A. SARRO and shall not terminate on the death of MICHAEL A. SARRO. Payments received for the benefit of the child from the Social Security Administration, Department of Veterans Affairs, other government agency, or life insurance shall be a credit against this obligation.

Medical Notification. Each party is ORDERED to inform the other party within twenty-four hours of any medical condition of the parties child requiring surgical intervention, hospitalization, or both.

Information Regarding Parties and Child The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name: MICHAEL A. SARRO Social Security number: XXX-XX-XXXX Drivers license number: 07300173; Issuing state:Texas Current residence address: 1823 W. Magnolia, San Antonio, TX 78201 Mailing address: P. 0. Box 7453, San Antonio, TX 78207 Home telephone number:NONE; Cellular phone number: (210) 823-3422 Name of employer: VIA. Metropolitan Transit Address of employment: 1720 N. Flores St., San Antonio, TX 78212 Work telephone number:(210) 362-2499 Name: JOYCE ANN SARRO Social Security number: XXX-XX-XXXX Driver's license number: Issuing state: Texas Current residence address: 8839 Roquefort, San Antonio, TX 78250 Mailing address: 8839 Roquefort, San Antonio, TX 78250 Home telephone number:(210) 543-7027 Name of employer:__________________ Address of emnlovment: )P)

P 12 7

10

Work telephone number: (2 10) G" 1/ -

Name: MICHAEL ANDREW SARRO Social Security number: XXX-XX-XXXX Driver's license number:none; Issuing state: Texas Current residence address: with mother Mailing address: same

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Home telephone number: same Name of employer :none Address of employment: none Work telephone number: none 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 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 a copy of the notice to the party by registered or certified mail, return receipt requested. Notice shall be given to the Court and the State Case Registry by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk.

WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN

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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 FOR EACH VIOLATION, AND A MONEY JUDGMENT 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'S NOT RECEIVING CREDIT FOR MAKING THE 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.

Division of Marital Estate. The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the rights of each party and the child of the marriage.

Property to Husband. IT IS ORDERED AND DECREED that the husband, MICHAEL A. SARRO, 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:

H-1. One-half undivided interest in the following real property: Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of San Antonio, Bexar County, Texas, according to the map or plat of record in Volume 9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas; H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-3. The following furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment, currently in possession of Respondent: Indian picture, three (3) Boston acoustic speakers, two (2) black speaker stands, wheel barrow, Via bench, and BBQ pit.

H-4. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-S. All sums of cash in the possession of the husband or subject to his sole 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

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H' S from which the husband has the sole right to withdraw finds or which are subject to the husband's sole control.

H-6. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all 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, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband's past, present, or future employment, including but not limited to: VIA Metropolitan Transit Retirement Plan; and Public Sector Service Center Deferred Compensation account no. XXX-XX-XXXX, subject to that portion awarded to Respondent herein.

H-7. All policies of life insurance (including cash values) insuring the husband's life.

p Property to Wife.

IT IS ORDERED AND DECREED that the wife, JOYCE ANN SARRO, is 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-1. One-half undivided interest in and to the following real property, including but not limited to any escrow funds, prepaid insurance, keys, house plans, warranties and service contracts, and title and closing documents; and all utility deposits in her name;

Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of San Antonio, Bexar County, Texas, according to the map or plat of record in Volume 9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas; W-l. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-2. All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.

W-3. All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife's sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife's sole control.

W-4. A 50% portion of MICHAEL A. SARRO's retirement benefits in: (a) the income and principal accrued from 06/06/93 until 07/17/98, of the VIA Metropolitan Transit Retirement Plan; and (b) a 50% portion of the income accrued from 06/06/93 until 07/17/98, of the Public i4/f?2 4ewVheft it, H-S'.

J ,tj,ij t4zzems4

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Sector Service Center Deferred Compensation acct no. 452217201 arising out of MICHAEL A. SARRO's employment with VIA Metropolitan Transit, more particularly defined in the Qualified Domestic Relations Orders signed by the Court, effective on the day this Final Decree of Divorce is signed.

W-5. The 1992 Honda Civic together with all prepaid insurance,, keys, and title documents.

Division of Debt. Debts to Husband IT IS ORDERED AND DECREED that the husband, MICHAEL A. SARRO, 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-2. All accounts in Petitioner's name, including the following debts, charges, liabilities, and obligations:

1. Capital One Visa 2. Capital One Visa 3. Providian Visa Classic 4. Mice Sarro 5. Sears (Respondent's account to be closed immediately, Husband responsible for balance only through 4/98) H-3. Any and all debts, charges, liabilities, and other obligations incurred solely by the husband from and after March 10, 1998 unless express provision is made in this decree to the contrary.

H-4. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the personal property awarded to the husband in this decree unless express provision is made in this decree to the contrary.

Debts to Wife. IT IS ORDERED AND DECREED that the wife, JOYCE ANN SARRO, 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. The balance due, including principal, interest, tax, and insurance escrow, on the promissory note executed by Michael A. Sarro in the original principal sum of $91,718.00, dated March 20, 1996, payable to Old Kent Mortgage Company, and secured by deed of trust on the

W - (,. & / ltç 4¼u '44 real property awarded in this decree to the husband and wife, which is recorded in a certain VJIISL Vt)jtH4

4

a&d Page -23-

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numbered volume and page of the Deed of Trust Records of Bexar County, Texas.

W-3. All accounts in Respondent's name, including the following debts, charges, liabilities, and obligations:

1. Circuit City 2. Spiegal 3. Best Bank/Visa 4. JCPenneys 5. Mervyns 6. Bealls 7. Best Buy 8. Corms 9. Dillards 10. Levitz 11. Lacks W-4. Any and all debts, charges, liabilities, and other obligations incurred solely by the wife from and after March 10, 1998 unless express provision is made in this decree to the contrary.

W-5. 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.

LA3-( -- -Notice.

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

Provisions Dealing with Sale of Certain Personal Property IT IS FURTHER ORDERED AND DECREED that certain items of personal property, those being the Michael Howard chest of drawers with mirror, armoir with chest of drawers, whole headboard with drawers and queen size bed (not Grandmother's bed) currently in the possession of Petitioner and Respondent, shall be sold under the following tents and conditions:

The parties shall advertise the property in the San Antonio Express-News, with each party paying 50% of the advertising costs immediately and directly to the newspaper prior to commencement of advertisement; such advertisement shall be requested and paid for within 10 days of the signing of the decree.

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2. The property shall be sold for a price that is mutually agreeable to Petitioner and Respondent.

Petitioner shall make the property available for inspection, at a reasonable time and date, for prospective buyers.

4. Petitioner shall have possession, custody and control of the property until closing.

All maintenance and repairs necessary to keep the property in its present condition shall be paid by Petitioner.

5. At closing, the Respondent shall be entitled to receive fifty percent (50%) of the net sales proceeds, after payment of selling and transportation costs and sales taxes, and Petitioner shall be entitled to receive fifty percent (50%) of the net sales proceeds, after payment of selling and transportation costs and sales taxes.

Provisions Dealing with Sale of Residence IT IS FURTHER ORDERED AND DECREED that unless otherwise ordered herein, upon the child attaining the age of eighteen years and otherwise emancipated, the property and all improvements located thereon at lot 16, block 1, New City Block 19148, Guilbeau Park subdivision, section/unit 4, according to the map, plat, or deed records of San Antonio, Bexar County, Texas, and more commonly known as 8839 Roquefort, San Antonio, Bexar County, Texas, shall be sold under the following terms and conditions:

The parties shall list the property with a duly licensed real estate broker having sales experience in the area where the property is located, provided further that the real estate broker shall be an active member in the Multiple Listing Service with the San Antonio Board of Realtors.

The property shall be sold for a price that is mutually agreeable to Petitioner and Respondent. If no agreement is reached within 30 days, the court retains jurisdiction to enter any further orders, as is necessary.

3. Respondent shall continue to make all payments of principal, interest, taxes, and insurance on the property after the entry of the decree and during the pendency of the sale, and Respondent shall have the exclusive right to enjoy the-use and possession of the premises until closing. All maintenance and repairs necessary to keep the property in its present condition shall be paid by Respondent.

4 At closing, the Respondent shall be entitled to receive seventy-percent percent (75%) of the net sales proceeds, after payment of closing costs and remaining encumbrance owed to Old Kent Mortgage Company (or its successors or assigns), and Petitioner shall be entitled to

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receive twenty-five percent (25%) of the net sales proceeds, after payment of closing costs and remaining encumbrance owed to Old Kent Mortgage Company (or its successors or assigns).

4 The real property shall not be used to secure any home equity mortgages prior to the sale.

After July 17, 2002 but prior to the child is otherwise emancipated or by order of the court, the parties may mutually agree to sell the house under the provisions provided in subparagraphs (1) - (5) above.

7. If Respondent secures refinancing in her name only, on or before July 17, 2002, no net sales proceeds shall be divided between the parties.

Attorney's Fees. To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, each party shall be responsible for his or her own attorney's fees incurred as a result of legal representation in this case.

Confirmation of Separate Property. IT IS ORDERED AND DECREED that the following described property is confirmed as the separate property of MICHAEL A. SARRO: any and all of Petitioner's interest in retirement plan and deferred compensation plan on or before 06/05/93.

IT IS ORDERED AND DECREED that the following described property is confirmed as the separate property of JOYCE ANN SARRO: Personal injury lawsuit against Gunn-Acura; however, Respondent is responsible for payment of all related medical expenses.

Reformation of Court ruling concerning vehicles.

Court finds that JOYCE ANN SARRO, refused to deliver the 1993 Acura )

manner, therëbycausing the creditor AmeriCredit to repossess the 1993 awarded to MICHAEçA. SARRO. The Court fmds that, in equity, t efollowing realigned awards of property and çnts of debts are ORDERED an 4afCREED:

MICHAEL A. SARRO'iawarded the 1985 prepaid insurance, keys, and title JOYCE ANN SARRO isscard ota Pick Up Truck together with all

th%

Acura,y rights related to it, together '9

with all prepaid insurancJcey(and title do IT IS oRDyc5 AND DECREED ARRO, shall pay as a part of the

division ojbe'èstate of the parties, and shall indemnify and hold band and his property from any failure to so discharge, the balance due, including 'icip and all

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other charges, on the promissory note payable to AmeriCredit and given as part of purchase Xe of and secured by a lien on the 1992 Acura Vigor motor vehicle a^dio the wife, as

IT 1S'QRDEF AND DECREED that IvllC}J.&EE A. SARRO, shall pay as a part of the division of the est4e of the parties, and shall i mnif' and hold the wife and her property harmless from any fai to the balance due, including principal, interest, and all other charges, on the promissable to Michael Engelke and given as part of the purchase price of and sec ethe<11on, 1985 Toyota Pick Up Truck and awarded to the husband.

J$-ORDERED AND DECREED that us e of JOYCE ANN SARRO'S inequitable Z A. SARRO is awarded $ i1ilttQmy's fees, payable to MICHAEL A. ) on or within 10 days of the signing and entry of this Fihal..pecree.

10. Transfer and Delivery of Property.

MICHAEL A. SARRO is ORDERED to appear in the law.offices ofTh?thoV. Hernandez!f6a'

Jr. at 301 So. Main Ave., San Antonio, TX 78204, at 10:00 a.m. on )..(, , 1998, and to execute, have acknowledged, and deliver to Pedro V. Hernandez, Jr. these instruments:

1. Power of attorney to transfer motor vehicle. MICHAEL A. SARRO is ORDERED to appear in the law offices of PEDRO V.

I-IERNANDEZ, JR. at 301 So. Main Ave., San Antonio, TX 78204, at 10:00 a.m. on July 31, 1998, and to execute, have acknowledged, and deliver to PEDRO V. HERNANDEZ, JR. these instruments:

I Certificate of title to motor vehicle; and 2. Power of attorney to transfer motor vehicle. This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this final decree of divorce.

Direction to Deliver Properw. MICHAEL A. SARRO is ORDERED to deliver to JOYCE ANN SARRO on (.A a L , 1998 at 44t00 a.m. at 301 So. Main Ave., San Antonio, TX 78204 these items:

1. All tax statements, house papers, payment book and keys in his possession, custody or control, for property located at 8839 Roquefort, San Antonio, Texas 78250.

JOYCE ANN SARRO is ORDERED to deliver to MICHAEL A. SARR.O on 412 / 1998 at 14.4&a.m. at 301 So. Main Ave., San Antonio, TX 78204 these items:

1. All legal papers pertaining to the vehicle awarded to husband, a power of attorney,

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together with all keys, insurance policies, registration papers, and title documents.

2. Other items to be picked up by MICHAEL A. SARRO at 8839 Roquefort, San I,

Antonio, TXon CL 1 .i !fl7 , 1998 at ,' :ov - Z. m.: Indian picture, three (3) Boston acoustic speaker& two (2) black speaker stands, wheel barrow, Via bench, and BBQ pit.

t 11. Court Costs.

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

12. Obligation under Tem p orary Orders.

IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from all further liabilities and obligations imposed by the temporary order of this Court rendered on June 15, 1998. 13. Clarify ing Orders.

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. 14. Relief Not Granted.

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. 15. Date of Judgment.

This divoke judicially PRONOUNCED AND RENDERED in court at San Antonio, Bexar County, Texas, 1.nd further noted on the court's docket sheet on the same QAUdYb

date, but signed on 1998.

PRESIDING JUDGE JAMES E. BARLOV, SENIOR DIS11UCT JUDGE SITTING BY ASSIGItt4ENI

3, on&tD V, 3ot1tc40aM,D Lt /7u- /9 3 Mrc'l 4 , ,^4ao SOL so.

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APPROVED AS TO FORM ONLY: PEDRO V. HERNANDEZ, JR. 301 SO. MAIN AVE. SAN ANTONIO, TX 78204 TELEPHONE NO.: (210)224-1111 FACSIMILE NO.: (210) 223-8817

By: 4asg PEDRO V. HER5ANDEZ, JR. Attorney for Petitioner State Bar No. 09519925

ABEL A. DOMINGUEZ 802 SO. ST. MARY'S ST. SAN ANTONIO, TX 78205 TELEPHONE NO.: (210) 225-2900 FACSIMILE.NO.A2 10fl28585

By:, ABEL A. DO41 Attorney for State Bar No. 05

i m -lt'rAJA-A^w MICHAEL A. SARR'6, Petitioner

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Appendix D

S

NO. 98-CI-03821

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § §

MICHAEL A. SARRO § AND § 73RD JUDICIAL DISTRICT JOYCE ANN SARRO § §

AND IN THE INTEREST OF § MICHAEL ANDREW SARRO, A CHILD § BEXAR COUNTY, TEXAS

ORDER ON MOTION FOR NEW TRIAL

On October 23, 1998 the Court heard the Motion for New Trial of 46^NN SARRO. F- IT IS ORDERED that the motion is DErinw. qftv% SIGNED on d 5, /171 23na

r

I

M ow

Appendix E

C- 4g*TjWSin

JUDGE'S NOTES

CAUSE NO.: 1998C103821 COURT: 073 DATE/TIME: 04/04/2014 09:OOAM SETTING COURT: 109

STYLE: MICHAEL ALBERT SARRO VS. JOYCE ANN SARRO -N C

DISCOVERY LEVEL: 0 ,

ATTORNEY(S) FOR CASE ?Th t ABEL DOMINGUEZ JOHN hEAD c .

RONALD PRINCE WAYNENE COMBEST trC :a JOYCE SARRO MIcHAgL SARRO rri RACHEL SADOYSKY rn

Maria E. Fattah, Auxiliary Officjai Cou Repoer Telephone. 210.335.1594

IL ma,;: fll

an a. fattahi@bexar.org

TYPE OF MOTION OR APPLICATION:

NON-JURY SETTING ON N/T SIGN TEMPORARY ORDERS RIX

CONFERRING ESTIMATE HEARING TIME____________ AGREED ORDER ASSIGNED COURT -. DROP RECORD TAKEN 61 INTERPRETER RESET DATE TIME_______

DATE OF JUDGE INITIALS____

/ d2 o

Document scanned as filed.

PROPERTY OF BEXAR COUNTY DISTRICT CLERK'S OFFICE (DK510A)

Appendix F 1111 kNII III 1998C103321 -P00159

THE DISTRICT COURTS OF BEXAR COUNTY

BEXAR COUNTY COURTHOUSE

100 DOLOROSA

SAN ANTONIO, TEXAS 78205 0 Lr a

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August 8, 2014 c rn C) >< i > - >-i

VIA FAX (210) 281-1845 -C O0 zri

Mr. John Mead r Er"O Attorney At Law Lo

3105. St. Mary's, Ste. 1470 tCA)

San Antonio, Texas 78205

VIA FAX (210) 812-3401 Ms. Rachel S. Sadovsky Cordell & Cordell, P.C. 10101 Reunion Place, Ste. 250 San Antonio, Texas 78216

RE: Cause No. 1998-Cl-03821 In the Interest of Michael Andrew Sarro, A Child 73rd

Filed in the District Court

Dear Mr. Mead and Ms. Sadovsky:

Judge Tanner has requested that I advise you of her ruling on the Motion to Confirm Final Decree of Divorce filed in this cause. The Motion is denied. As a trial court cannot sever property issues from a divorce action, once the new trial was granted that made the 1998 divorce decree interlocutory. The date of the divorce is August 17, 2004 which is the date that Judge Nellermoe heard the "final trial on merits of property issue" and reconfirmed all other terms of the decree. Judge Tanner requests that Mr. Mead prepare a Final Decree of Divorce which indicates the August 17, 2004 date as the date of hearing and submit the decree to Ms. Sadovsky for approval as to form.

Dinah Gaines Staff Attorney Bexar County Civil District Courts DG/

OFFICE OF STAFF ATTORNEY • PHONE (210) 335-2123 • FAX (210) 335-1108

DOCUMENT SCANNED AS FILED

Appendix G

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Page 40 TEXAS RULES OF APPELLATE PROCEDURE

(1) Time for Request. At any time before the court clerk for inclusion in the clerk’s record or a clerk’s record is prepared, any party may file supplement. If the parties cannot agree, the trial with the trial court clerk a written designation court must — on any party's motion or at the specifying items to be included in the record. appellate court's request — determine what constitutes an accurate copy of the missing item and (2) Request Must be Specific. A party requesting order it to be included in the clerk’s record or a that an item be included in the clerk’s record supplement. must specifically describe the item so that the clerk can readily identify it. The clerk will (f) Original Documents. If the trial court determines disregard a general designation, such as one for that original documents filed with the trial court “all papers filed in the case.” clerk should be inspected by the appellate court or sent to that court in lieu of copies, the trial court (3) Requesting Unnecessary Items. In a civil case, must make an order for the safekeeping, if a party requests that more items than transportation, and return of those original necessary be included in the clerk’s record or documents. The order must list the original any supplement, the appellate court may — documents and briefly describe them. All the regardless of the appeal's outcome — require documents must be arranged in their listed sequence that party to pay the costs for the preparation of and bound firmly together. On any party's motion or the unnecessary portion. its own initiative, the appellate court may direct the trial court clerk to send it any original document.

(4) Failure to Timely Request. An appellate court must not refuse to file the clerk’s record or a (g) Additional Copies of Clerk’s Record in Criminal supplemental clerk’s record because of a Cases. In a criminal case, the clerk’s record must be failure to timely request items to be included in made in duplicate, and in a case in which the death the clerk’s record. penalty was assessed, in triplicate. The trial court clerk must retain the copy or copies for the parties to (c) Supplementation. use with the court’s permission.

(1) If a relevant item has been omitted from the (h) Clerk May Consult With Parties. The clerk may clerk’s record, the trial court, the appellate consult with the parties concerning the contents of court, or any party may by letter direct the trial the clerk’s record. court clerk to prepare, certify, and file in the appellate court a supplement containing the 34.6. Reporter’s Record omitted item.

(a) Contents.

(2) If the appellate court in a criminal case orders the trial court to prepare and file findings of (1) Stenographic Recording. If the proceedings fact and conclusions of law as required by law, were stenographically recorded, the reporter’s or certification of the defendant's right of record consists of the court reporter’s appeal as required by these rules, the trial court transcription of so much of the proceedings, clerk must prepare, certify, and file in the and any of the exhibits, that the parties to the appellate court a supplemental clerk’s record appeal designate. containing those findings and conclusions.

(2) Electronic Recording. If the proceedings were (3) Any supplemental clerk’s record will be part of electronically recorded, the reporter’s record the appellate record. consists of certified copies of all tapes or other audio-storage devices on which the (d) Defects or Inaccuracies. If the clerk’s record is proceedings were recorded, any of the exhibits defective or inaccurate, the appellate clerk must that the parties to the appeal designate, and inform the trial court clerk of the defect or certified copies of the logs prepared by the inaccuracy and instruct the clerk to make the court recorder under Rule 13.2. correction.

(b) Request for preparation.

(e) Clerk’s Record Lost or Destroyed. If a filing designated for inclusion in the clerk’s record has (1) Request to Court Reporter. At or before the been lost or destroyed, the parties may, by written time for perfecting the appeal, the appellant stipulation, deliver a copy of that item to the trial must request in writing that the official reporter

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TEXAS RULES OF APPELLATE PROCEDURE Page 41

prepare the reporter’s record. The request must (d) Supplementation. If anything relevant is omitted designate the exhibits to be included. A request from the reporter’s record, the trial court, the to the court reporter — but not the court appellate court, or any party may by letter direct the recorder — must also designate the portions of official court reporter to prepare, certify, and file in the proceedings to be included. the appellate court a supplemental reporter’s record containing the omitted items. Any supplemental (2) Filing. The appellant must file a copy of the reporter’s record is part of the appellate record.

request with the trial court clerk.

(e) Inaccuracies in the Reporter’s Record.

(3) Failure to Timely Request. An appellate court must not refuse to file a reporter’s record or a (1) Correction of Inaccuracies by Agreement. The supplemental reporter’s record because of a parties may agree to correct an inaccuracy in failure to timely request it. the reporter’s record, including an exhibit, without the court reporter's recertification.

(c) Partial Reporter’s Record.

(2) Correction of Inaccuracies by Trial Court. If (1) Effect on Appellate Points or Issues. If the the parties cannot agree on whether or how to appellant requests a partial reporter’s record, correct the reporter's record so that the text the appellant must include in the request a accurately discloses what occurred in the trial statement of the points or issues to be presented court and the exhibits are accurate, the trial on appeal and will then be limited to those court must – after notice and hearing – settle points or issues. the dispute. If the court finds any inaccuracy, it must order the court reporter to conform the (2) Other Parties May Designate Additions. Any reporter’s record (including text and any other party may designate additional exhibits exhibits) to what occurred in the trial court, and and portions of the testimony to be included in to file certified corrections in the appellate the reporter’s record. court.

(3) Costs; Requesting Unnecessary Matter. (3) Correction After Filing in Appellate Court. If Additions requested by another party must be the dispute arises after the reporter’s record has included in the reporter’s record at the been filed in the appellate court, that court may appellant's cost. But if the trial court finds that submit the dispute to the trial court for all or part of the designated additions are resolution. The trial court must then proceed as unnecessary to the appeal, the trial court may under subparagraph (e)(2). order the other party to pay the costs for the preparation of the unnecessary additions. This (f) Reporter’s Record Lost or Destroyed. An appellant paragraph does not affect the appellate court's is entitled to a new trial under the following power to tax costs differently. circumstances:

(4) Presumptions. The appellate court must (1) if the appellant has timely requested a presume that the partial reporter’s record reporter’s record; designated by the parties constitutes the entire record for purposes of reviewing the stated (2) if, without the appellant's fault, a significant points or issues. This presumption applies even exhibit or a significant portion of the court if the statement includes a point or issue reporter's notes and records has been lost or complaining of the legal or factual destroyed or – if the proceedings were insufficiency of the evidence to support a electronically recorded – a significant portion specific factual finding identified in that point of the recording has been lost or destroyed or is or issue. inaudible;

(5) Criminal Cases. In a criminal case, if the (3) if the lost, destroyed, or inaudible portion of statement contains a point complaining that the the reporter’s record, or the lost or destroyed evidence is insufficient to support a finding of exhibit, is necessary to the appeal's resolution; guilt, the record must include all the evidence and admitted at the trial on the issue of guilt or innocence and punishment. (4) if the lost, destroyed or inaudible portion of the reporter's record cannot be replaced by

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Page 42 TEXAS RULES OF APPELLATE PROCEDURE

agreement of the parties, or the lost or the rules. In subdivision 34.2, the requisites of an agreed record destroyed exhibit cannot be replaced either by are more clearly stated. Former Rule 50(d), regarding the burden agreement of the parties or with a copy to file a complete record, is repealed. Subdivision 34.4 is from determined by the trial court to accurately former Rules 51(c) and 53(h). Former Rule 50(f), regarding a duplicate with reasonable certainty the original violation of the rules, is repealed. Subparagraph 34.5(b)(3) exhibit. allows the appellate court to tax costs against a party for requiring unnecessary items to be included in the clerk’s record.

(g) Original Exhibits. Paragraph 34.5(c) is new and provides for supplementation of the clerk’s record. The provisions of paragraph 34.5(d) are from (1) Reporter May Use in Preparing Reporter’s former Rule 55(b). The provisions of paragraph 34.5(e) are from Record. At the court reporter's request, the trial former Rule 50(e). Paragraph 34.5(h) specifically allows the court clerk must give all original exhibits to the clerk to consult with the parties to determine the contents of the reporter for use in preparing the reporter’s clerk’s record. Paragraph 34.6(a), defining the reporter’s record, record. Unless ordered to include original is new. Former Rules 53(b) (Other Requests), (d) (Partial exhibits in the reporter’s record, the court Statement), and (e) (Unnecessary Portions) are merged into reporter must return the original exhibits to the paragraph 34.6(c). Paragraph 34.6(d) is new. Paragraph 34.6(e) clerk after copying them for inclusion in the is from former Rule 55. Paragraph 34.6(f) is from former Rule reporter’s record. If someone other than the 50(d). The provisions of former Rules 53(f) (Certification by trial court clerk possesses an original exhibit, Court Reporter) and (h) (Form) are moved to the Order of the either the trial court or the appellate court may Supreme Court and the Court of Criminal Appeals on the order that person to deliver the exhibit to the preparation of the record. Former Rule 53(I) (Narrative trial court clerk. Statement) is repealed. The provisions of former Rule 53(j)

(Free Statement of Facts) are moved to Rule 20. Former Rule (2) Use of Original Exhibits by Appellate Court. If 53(k) (Duty of Appellant to File) is repealed; it is now the duty the trial court determines that original exhibits of the court reporter to file the reporter’s record. Paragraph should be inspected by the appellate court or 34.6(g) is from former Rule 51(d). Former Rule 53(g) is now sent to that court in lieu of copies, the trial paragraph 34.6(I). Former Rule 53(l) is now paragraph 34.6(h). court must make an order for the safekeeping, The need for two duplicate records in a death penalty case was transportation, and return of those exhibits. The created by the habeas corpus provision in Code of Criminal order must list the exhibits and briefly describe Procedure article 11.071. them. To the extent practicable, all the exhibits must be arranged in their listed order and Comment to 2002 change: Rule 34.5(a) is amended to bound firmly together before being sent to the require that the record in a criminal case include the certification appellate clerk. On any party's motion or its of defendant's right of appeal; see Rule 25.2(d). Rule 34.5(c) is own initiative, the appellate court may direct amended to make clear that an appellate court may order the trial the trial court clerk to send it any original court to make such a certification for inclusion in a supplemental exhibit. clerk's record. Subparagraphs 34.6(e) and (f) are amended to clarify the application to exhibits. The language in subparagraph (h) Additional Copies of Reporter’s Record in Criminal (e)(2) referring to the text of the record is simplified without Cases. In a criminal case in which a party requests substantive change. Subparagraph (e)(3) incorporates the a reporter’s record, the court reporter must prepare a procedures specified in (e)(2). The language in subparagraph (f) duplicate of the reporter’s record and file it with the is clarified to require agreement only as to the portion of the text trial court clerk. In a case where the death penalty at issue, and to provide that the trial court may determine that a was assessed, the court reporter must prepare two copy of an exhibit should be used even if the parties cannot duplicates of the reporter’s record. agree.

(i) Supreme Court and Court of Criminal Appeals May Set Fee. From time to time, the Supreme Court and Rule 35. Time to File Record; the Court of Criminal Appeals may set the fee that Responsibility for Filing Record the court reporters may charge for preparing the reporter’s record. 35.1. Civil Cases

Notes and Comments The appellate record must be filed in the appellate court within 60 days after the judgment is signed, except as follows:

Comment to 1997 change: Former Rules 50, 51 and 53 are merged. Clerk’s record is substituted for transcript, and (a) if Rule 26.1(a) applies, within 120 days after the reporter’s record is substituted for statement of facts throughout judgment is signed;