Preview
Received and E-Filed for Recor
3/31/2017 4:02:58 PM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
NO. 08-12-11940-CV
IN THE INTEREST OF IN THE DISTRICT COURT
IAN SCOTT TERRY,
§
§
ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT
§
CHILDREN §
MONTGOMERY COUNTY, TEXAS
8
MOTION FOR ENFORCEMENT OF CHILD SUPPORT ORDER
AND ORDER TO APPEAR
This Motion for Enforcement of Child Support Order is brought by LAUREN LENELL
FULLER, Movant. The last three numbers of LAUREN LENELL FULLER's driver's license
number are 549. The last three numbers of LAUREN LENELL FULLER's Social Security
number are 245.
Ll Discovery in this case is intended to be conducted under level 2 of rule 190 of the
Texas Rules of Civil Procedure.
2. The children the subject of this suit are:
Name: ETHAN GAGE TERRY
Sex: Male
Birth date: March 28, 2004
Name: [AN SCOTT TERRY
Sex: Male
Birth date: July 25, 2006
3. This Court has continuing, exclusive jurisdiction of this case as a result of prior
proceedings.
4. The parties entitled to notice are as follows:
a. Respondent, JOSHUA SCOTT TERRY, who is a joint managingconservator.
Process should be served at 1006 N. Huntington Tower Run, Montgomery, Texas 77316.
5. On March 4, 2009 in Cause No, 08-12-11940, styled "In the Matter of the
Marriage of Joshua Scott Terry and Lauren LENELL Terry and in the Interest of Ethan Gage
Terry and Jan Scott Terry," in the 284" Judicial District Court of Montgomery County, the Court
signed a Final Decree of Divorce, which a copy is attached hereto and states in relevant part as
follows:
a. IT IS ORDERED that JOSHUA SCOTT TERRY is obligated to pay and shail pay
to LAUREN LENELL TERRY child support of $750.00 per month with the first payment being
due and payable April 1", 2009 and a like payment being due and payable on the 1" day of each
month thereafter until the first month following the date of the earliest occurrence of one of the
events specified below;
1. a child reaches the age of eighteen years or graduates from high school,
whoever occurs later, subject to the provision for support beyond the age of cighteen years set
out below, if any;
2. a child marries;
3. achild dies; or
4. achild’s disabilities are otherwise removed for general purposes.
b. Obligations of JOSHUA SCOTT TERRY - JOSHUA SCOTT TERRY is
ORDERED to include and maintain cach child in his health insurance no later than the date the
Court signs the order.
Movant was the Petitioner and Respondent was the Respondent in the prior proceedings.
6. Respondent has violated the order described above as follows:VIOLATION 1: JOSHUA SCOTT TERRY, Respondent, is in contempt of
court for failing to pay to Movant the full amount of child support due on cach of
the payment dates shown below.
Violation Date Due Date Paid Amount Due Amount Paid
1 04/01/09 NA $750.00 $0.00
2. 05/01/09 N/A $750.00 $0.00
3. 06/01/09 N/A $750.00 $0.00
4, 07/01/09 N/A $750.00 $0.00
5. 08/01/09 N/A $750.00 $0.00
6. 09/01/09 NA $750.00 $0.00
7. 10/01/09 NA $750.00 $0.00
8. 11/01/09 N/A $750.00 $0.00
9. 12/01/09 NIA $750.00 $0.00
10. 01/01/10 N/A $750.00 $0.00
i. 02/01/10 N/A $750.00 $0.00
12. 03/01/10 N/A $750.00 $0.00
13. 04/01/10 N/A $750.00 $0.00
14. 05/01/10 N/A $750.00 $0.00
15. 06/01/10 N/A $750.00 $0.00
16. 07/01/10 N/A $750.00 $0.00
17. 08/01/10 N/A $750.00 $0.00
18. 09/01/10 N/A $750.00 $0.00
19. 10/01/10 N/A $750.00 $0.0020.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42,
11/01/10
12/01/10
OVol/AL
02/01/11
03/01/11
04/01/11
05/01/11
06/01/11
O7/01/11
O8/O1/11
09/01/11
10/01/11
1VOlil
12/01/11
01/01/12
02/01/12
03/01/12
04/01/12
05/01/12
06/01/12
07/01/12
08/01/12
09/01/12
N/A
N/A
N/A
N/A
N/A
NA
N/A
N/A
NA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
N/A
N/A
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.0043.
45.
46.
47.
48.
49.
50.
31.
52.
53.
54.
55.
56.
37.
38.
59.
60.
61.
62.
63.
64.
65.
10/01/12
11/01/12
12/01/12
01/01/13
02/01/13
03/01/13
04/01/13
05/01/13
06/01/13
07/01/13
10/01/13
11/01/13
12/01/13
01/01/14
02/01/14
04/01/14
08/01/14
09/01/14
03/01/15
04/01/15
05/01/15
12/01/15
02/01/16
N/A
N/A
NA
N/A
N/A
NIA
N/A
N/A
NA
N/A
NIA
N/A
N/A
NIA
N/A
N/A
NIA
NIA
N/A
N/A
N/A
N/A
N/A
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.0066. 03/01/16 N/A $750.00 $0.00
67. 05/01/16 N/A $750.00 $0.00
VIOLATION 2: JOSHUA SCOTT TERRY, Respondent, is in contempt of
court for failing to include and maintain health insurance coverage on each child
since the date the Court signed the Final Decree of Divorce.
7. Movant requests that for each violation alleged above, Respondent be held in
contempt, jailed for up to 180 days, and fined up to $500, and that cach period of confinement
run and be satisfied concurrently.
8. Movant believes, based on the repeated past violations of the Court's order by
Respondent, that Respondent will continue to fail to comply with the order. Movant requests
that Respondent be held in contempt, jailed, and fined for cach failure to comply with the Court's
order from the date of this filing to the date of the hearing on this motion.
9. Respondent's total arrearage at the time of filing is $50,250.00. Movant requests
confirmation of all arrearages and rendition of judgment plus interest on arrearages, attorney's
fees, and costs. Movant requests the Court to order income withheld for the arrearages,
attorney's fees, costs, and interest.
10. Movant requests that Respondent be placed on community supervision for ten
years on release from jail or suspension of commitment.
11. Respondent has been in arrears for thirty days or more for some portion of the
amount due and is in atrears for an amount equal to at least one month's support. Movant
requests the Court to order income withheld for current child support or order a bond or security.
12. Movant requests that, if the Court finds that any part of the order sought to be
enforced is not specific enough to be enforced by contempt, the Court enter a clarifying ordermore clearly specifying the duties imposed on Respondent and giving Respondent a reasonable
time within which to comply.
13. It was necessary to secure the services of RICK BRASS, a licensed attorney, to
enforce and protect the rights of LAUREN LENELL FULLER and the children the subject of
this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs,
and a judgment should be rendered in favor of the attomey and against Respondent and be
ordered paid directly to the undersigned attorney, who may enforce the judgment in the
attorney's own name. Movant requests postjudgment interest as allowed by law.
Movant prays that Respondent be held in contempt and punished as requested, that a
judgment be granted for arrearage plus interest on arrearages, that the Court order community
supervision, that the Court order income withheld for child support, child support arrearages,
attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior
order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs,
and interest, and for all further relief authorized by law.
Respectfully submitted
BRASS & MCCOTTER
207 Simonton.
Conroe, TX. 77301
Tel: (936) 788-5700
Fax: (936) 788-5701
By:
RICK BRASS
State Bar No. 02909450
rbrass1@yahoo.com
Attorney for Lauren Leneil FullerOrder to Appear
Respondent, JOSHUA SCOTT TERRY, is ORDERED to appear and respond to this
Motion for Enforcement of Child Support Order in the 418" Judicial District Court on.
6-20-17 at__9 a.m. The purpose of this hearing is to determine whether
the relief requested in this motion should be granted.
It is further ordered that any authorized person eighteen years of age or older who is not a
party to or interested in the outcome of this suit may serve any citation, notice, or process in this
case.
Signed: 4/4/2017 09:13 AM
SIGNED on.
/5f Tracy Gilbert
JUDGE PRESIDINGNO. 08-12-11940-CV
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT
IAN SCOTT TERRY, §
CHILDREN § MONTGOMERY COUNTY, TEXAS
§
WRITTEN INTERROGATORIES
To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas
77316; Email: egtist@gmail.com
Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to
answer in complete detail and in writing each of the attached interrogatories; sign your answers
to the interrogatories; swear to the truth of your answers before a notary public or other judicial
officer as required by rules 191.3(a) and 197.2(d) of the Texas Rules of Civil Procedure; and
deliver a complete, signed, and notarized copy of your answers to the undersigned attorney
within 30 days following service of this request. If you fail to comply with the requirements
above, the Court may order sanctions against you in accordance with the Texas Rules of Civil
Procedure.
Definitions
"Tdentity and location" means the person's name and present or last known address and
telephone number. If any of the above information is not available, state any other means of
identifying the individual.
"Person" includes and is intended to mean any natural person or the representative of any
entity or entities, as defined below.
"Intellectual property and other intangible property" includes, but is not limited to,
patents, trademarks, copyrights, artistic works in progress, domain names, licensing agreements,and trade secrets.
"Entity" or "entities" includes and is intended to mean any nonpublicly traded -
a. corporation;
b. company;
c. limited liability company;
d. firm;
e. association;
f trust;
g. business trust;
h. partnership;
i. limited partnership;
j. family limited partnership;
k. __- limited liability partnership;
1. joint venture;
m. proprietorship; or
n. other form of business entity.
"Household" means a unit composed of all persons living together in the same dwelling
in which you reside, whether or not they are related to you or to each other.
Instructions
All information that is not privileged that is in the possession of Petitioner, his attorney,
investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure,
employees, or other representatives of Petitioner is to be divulged. Possession, custody, or
control of an item means that the person cither has physical possession of the item or has a rightto possession of the item that is equal or superior to that of the person who has physical
possession of the item.
If an interrogatory calls for an answer that involves more than one part, each part of the
answer must be clearly set out so that il is understandable. You must precede your answer to
each separate interrogatory with the question constituting the separate interrogatory.
Option to Produce Records
If the answer to an interrogatory may be derived or ascertained from public records, from
your business records, or from a compilation, abstract, or summary of your business records, and
the burden of deriving or ascertaining the answer is substantially the same for Counterpetitioner
as for you, you may answer the interrogatory by specifying and, if applicable, producing the
records or compilation, abstract, or summary of the records. The records from which the answer
may be derived or ascertained must be specified in sufficient detail to permit Counterpetitioner to
locate and identify them as readily as you can. If you have specified business records, you must
state a reasonable time and place for examination of the documents. You must produce the
documents at the time and place stated, unless otherwise agreed by the parties or ordered by the
court, and must provide Counterpetitioner a reasonable opportunity to inspect them.Respectfully submitted,
BRASS & MCCOTTER
207 Simonton.
Conroe, TX 77301
Tel: (936) 788-5700
ail Bar No. 02909450
E-Mail: rbrass1 @yahoo.com
Attorney for, Lauren Lenell Fuller
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
‘accordance with the Texas Rules of Civil Procedure on March 31, 2017.
RIGK BRASS
Attorney for, Lauren Lenell FullerL. For each month since January 1, 2017, state-
a the source and amount of your average monthly resources and self-
employment income, as defined by sections 154.062(b) and 154.065(a) of
the Texas Family Code, and.
b. the identity and location of each of your employers and other sources of
income, if any.
2. If anyone other than yourself is contributing toward the payment of your current
household expenses, for each person state-
a. the name of the person and
b. the monthly amount of the contribution.
3. Identify and state the amount of each of your current monthly living expenses.
4. State the identity and location of each of your current creditors and the amount
owed each creditor.
5. Tf the children are involved in extracurricular activities, for each activity state-
a. the nature of the activity,
b. the average annual cost of the activity, and
on the schedule of the activity.
6. For each person whose circumstances you allege have materially and substantially
changed since the rendition of the order to be modified:
a. state the identity of the person;
b. describe the circumstances you allege have changed, both as they existed
on January 1, 2017 and as they currently exist; and
c. state why each change of circumstances supports your request that theorder be modified.
7. if you contend that the children's present living environment may endanger the
children's physical health or significantly impair the children's emotional development, state in
general the legal theories and factual bases that support your contention.
8. If any unrelated adult spent the night with you at any time since January 1, 2017
while you were in possession of your children, state-
a. the identity and location of each person and
b. the dates and locations of each such occurrence.
9. If you contend that it is in the best interest of the children that you be appointed
joint managing conservator with the exclusive right to designate the primary residence of the
children subject to a geographic restriction, state in general the legal theories and factual bases
that support your contention.
10. If you contend that it is in the best interest of the children that the primary
residence of the children be subject to a geographic restriction, identify the geographic area to
which the residence should be restricted and state in general the legal theories and factual bases
that support your contention.
11. State what periods of possession and access each conservator should have and, in
general, the legal theories and factual bases that support your contention.
12. State each day you have exercised possession of or access to the children since
January 1, 2017 and the amount of time you spent with each child on each such day.
13. If the court orders you to pay child support, state the monthly amount of support
the court should order you to pay, and state in general the legal theories and factual bases that
support your contention.14. If the court orders LAUREN LENELLE FULLER to pay child support, state the
monthly amount of support the court should order LAUREN LENELLE FULLER to pay, and
state in general the legal theories and factual bases that support your contention.
15. If you have dependent health insurance coverage available to you, state how much
it would or does cost you to cover the children the subject of this suit on that policy in addition to
whatever you pay for health insurance coverage for yourself and any other person.
16. State how the court should order that health insurance coverage be provided for
the children, and state in general the legal theories and factual bases that support your contention.
17. Generally, what hours do you work and on which days of the week?
18. If you have been denied possession of or access to the children since January 1,
2017, for each period of possession or access state-
a. the date,
b. the circumstances of each denial, and
rom any reasons or excuses given for each denial.NO. 08-12-11940-CV
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT
IAN SCOTT TERRY, 8
CHILDREN § MONTGOMERY COUNTY, TEXAS
§
REQUEST FOR PRODUCTION AND INSPECTION
To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas
77316; Email: egtist@gmail.com
LAUREN LENELL FULLER, Petitioner, requests that Respondent, JOSHUA SCOTT
TERRY, produce for inspection and copying the items described below, at the time and place set
out below.
Definitions
"Respondent," "you," and "your" refer to and are intended to include JOSHUA SCOTT
TERRY, your employees, and/or your agents, either individually or as a representative of any
corporation, association, or partnership, as the case may be, as well as any testifying expert
witnesses retained by you or retained on your behalf relating to this litigation and any consulting
experts whose work product has been reviewed by, relates to, or forms the basis, either in whole
or in part, of the mental impressions and opinions of any testifying experts.
"Person" includes and is intended to mean any natural person or the representative of any
entity or entities, as defined below.
“Entity” or "entities" includes and is intended to mean any nonpublicly traded -
a. corporation;
b. company;
on limited liability company;d firm;
e. association;
f trust;
g. business trust;
h. partnership;
i. limited partnership;
j. family limited partnership;
k. limited liability partnership;
L joint venture;
m. proprietorship; or
n. other form of business entity.
"Relates to" means in whole or in part constitutes, contains, concerns, embodies, relates,
analyzes, identifies, states, refers to, deals with, or in any way pertains to.
"Item," "document," or "documents" includes, but is not limited to, each tangible thing,
recording, or reproduction of any visual or auditory information, including but not limited to
papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape
recordings, data, and data compilations, however made, whether handwritten, typewritten, or
printed material, drafts, duplicates, carbon copies, photocopies, c-mail, scanned documents,
digital documents, and all other copies.
"Parties" means Petitioner or Respondent or both Petitioner and Respondent.
“Fringe benefit” means any benefit from an employer apart from salary, including but not
limited to payment of personal expenses; payment of housing expenses; vacation pay; payment
of medical, hospitalization, or dental insurance, life insurance, annuities, and disability insurancepolicies; payment of automobile expenses (including note payment, gasoline, repairs,
maintenance, insurance, and mileage compensation); payment of travel allowances; restricted
stock; warrants; deferred compensation plans, 401(k) contributions, stock options, or retirement
or pension benefits; country club or other memberships; use of company airplanes, homes, boats,
or cars; payment of business professional dues; interest-free or low-interest loans; payment of
legal fees; accounting or bookkeeping services; and payment for items used by you personally.
"Intellectual property and other intangible property" includes, but is not limited to,
patents, trademarks, copyrights, artistic works in progress, domain names, licensing agreements,
and trade secrets.
Instructions
All information responsive to this request that is not privileged and that is in your
possession, custody, or control is to be produced.
"Possession, custody, or control" of an item means that the person either has physical
possession of the item or has a right to possession of the item that is equal or superior to that of
the person who has physical possession of the item.
If any of this information is solely in electronic or magnetic form, you must produce this
information by providing Petitioner with this information on CD-ROM computer disks formatted
for IBM-compatible computers with a notation identifying the computer program (including
version identification) necessary to access the information.
Time Period
The discovery requested is for documents prepared, received, or generated since January
1, 2017 unless otherwise provided in this request. All requested documents; whenever actually
prepared or generated, that relate to this period are to be produced.Documents to Be Produced
All items set forth in Exhibit A are to be produced for inspection, examination, and
copying within 30 days following service of this request at Brass & McCotter, 207 Simonton,
Conroe, Texas 77301. You must either produce documents and tangible things as they are kept
in the ordinary course of business or organize and label them to correspond with the categories in
this request.
Amendment or Supplementation of Response
If you learn that your response to this request was incomplete or incorrect when made or
that, although it was complete and correct when made, it is no longer complete and correct, you
must amend or supplement the response -
1. to the extent that the request seeks the identification of persons with knowledge of
relevant facts, trial witnesses, or expert witnesses, and
2. to the extent that the request seeks other information, unless the additional or
corrective information has been made known to the other parties in writing, on the record at a
deposition, or through other discovery responses.
You must make amended or supplemental responses reasonably prompily after
you discover the necessity for such a response.
Content of Response
With respect to each item or category of items, you must state objections and assert
privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that -
1. production, inspection, or other requested action will be permitted as requested;
2. the requested items are being served on Petitioner with the response;
3. production, inspection, or other requested action will take place at a specified timeand place, if you are objecting to the time and place of production; or
4. no items have been identified - after a diligent search - that are responsive to the
request.
BRASS & MCCOTTER
207 Simonton
Conroe, TX 77301
Tel: (936) 788-5700
Fax: (936) 788-5701
By:
RIC]
State Bar No. 02909450
rbrassl@yahoo.com
Attorney for Lauren Lenell Terry
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on March 3}, 2017.
RICK/RASS
Attorney for Lauren Lenell TerryExhibit A
1 All documents, including invoices and billing statements, evidencing the
contractual relationship with any attorney not designated as an expert, consulting experts on
whom testifying experts rely, and/or investigators in connection with this case.
2. All diaries, notes, memoranda, journals, or calendars, including electronic diaries,
memoranda, journals, or calendars, letters and correspondence, including electronic writings (for
example, e-mail and text messages), or other written logs that relate to -
a conservatorship;
b. possession and access; and
c child support and health insurance for the children.
3. All drawings, graphs, charts, photographs, tape or electronic recordings, and
audio/video recordings that relate to -
a. conservatorship;
b. possession and access; and
c. child support and health insurance for the children.
4. All federal and state income-reporting documents, including tax returns with all
schedules and amendments, whether personal or for any entity in which the parties own or claim,
or have owned or claimed, any interest since January 1, 2017.
5. All W-2 forms, 1099 forms, K-1 forms, Form SSA-1099, Personal Earnings
Benefit Estimate Statement (PEBES), payroll statements and pay stubs, and other income- and
revenuc-reporting forms that evidence the parties' income since January 1, 2017.
6. All documents relating to any fringe benefit that you have received or have been
eligible to receive since January 1, 2017.7. All documents relating to your employment compensation, including contracts,
and all documents relating to your overtime compensation, bonuses, deferred compensation, and
severance pay that you have received or have been eligible to receive since January 1, 2017.
8. All accounts reflecting funds, including mutual funds, on deposit with banks,
brokerage firms, or other financial institutions, including -
a. statements of account reflecting account balances.
b all deposit slips
This request applies to all accounts since January 1, 2017 whether held in your name or your
name jointly with any other person. This request also applies to any account from which you
have the right to make withdrawals.
9. All correspondence or other documents, including enrollment, attendance, and
grade records, as well as progress reports, evaluations, and standardized test scores, that relate to
the children the subject of this suit from any camp, school, or day-care facility in which the
children have been enrolled since January 1, 2017.
10. All records, including invoices, relating to medical, psychological, and psychiatric
treatments, consultations or diagnoses of the children, including but not limited to any
prescriptions, since January 1, 2017.
11. All booklets and statements of account in any stock options or retirement,
pension, profit-sharing, employee stock ownership, Keogh, or individual retirement plans in
which the partics claim an interest, including all documents available from the plan
administrators of the retirement plans in your name relating to the preparation and submission of
a qualified or nonqualificd domestic relations order to each plan administrator and, if a domestic
relations order is not necessary, all documents necessary to transfer ownership of an interest inthe stock options or retirement plans to your spouse.
12. All court orders requiring you to pay or entitling you to receive spousal
maintenance, alimony, or child support.
13. All. mortgages, notes receivable, accounts receivable, or other evidence or
information pertaining to debts due in which you own or claim, or have owned or claimed, any
interest since January 1, 2017.
14. All deeds, deeds of trust, notes, and closing statements relating to any real
property in which you have an interest.
15, All certificates of title and current license receipts to any motor vehicles, boats,
recreational vehicles, aircraft, or watercraft in which you claim an interest.
16. All policies of insurance, whether life, health, automobile, disability, casualty,
homeowners, personal articles, or otherwise, in which you claim any insurance protection.
17. All articles of incorporation or organization of any entity in you claim or have
claimed any legal or equitable interest.
18. Copies or originals of all credit files, loan files, loan applications, credit
applications, lease applications, promissory notes, guaranty agreements, lease agreements, lines
of credit, contracts for drafting authority, security agreements, or other obligations and
contractual agreements in your name or to which the you are signatory.
19. All documents evidencing your present monthly income.
20. All documents evidencing your current houschold and living expenses, including,
but not limited to, existing written or electronic budgets, “money map” diagrams provided by
your bank and/or credit card company, and/or any other record of current expenditures on
household and living expenses.21. All documents evidencing the lease of a residence, including the lease itself, along
with any documents evidencing payment of rent (such as receipts, payment confirmations,
canceled checks, electronic transfers, etc.).
22. All documents evidencing the purchase of a residence, including the promissory
note and deed of trust, along with any documents evidencing payment of the note (such as
receipts, payment confirmations, canceled checks, electronic transfers, ctc.).
23. All documents evidencing the purchase or lease of a vehicle, including the
purchase/lease documents, along with any documents evidencing payment of the note or lease
(such as receipts, payment confirmations, canceled checks, electronic transfers, etc.).
24. All documents evidencing gifts, loans, and/or transfers of money, other funds,
and/or property made to or received by a third person since January 1, 2017.
25. Acopy of your credit report from any of the following credit bureaus:
a. Equifax Credit Information Services, Inc., P.O. Box 740241, Atlanta, GA
30374; 1-800-685-1111; www.equifax.com;
b. Experian (TRW), P.O. Box 2002, Allen, TX 75013; 1-888-397-3742;
www.experian.com; or
c. TransUnion LLC, Consumer Disclosure Center, P.O. Box 1000, Chester,
PA 19022; 1-800-888-4213; www.transunion.com.
26. . All documents relating to the sale or disposition of any property valued in excess
of $50 since January 1, 2017. This specifically includes, but is not limited to, any documents
evidencing the procceds received from the sale of any former residence, along with documents
evidencing the current whereabouts of said proceeds.
27. All documents relating to the purchase and/or acquisition of any personal propertywith an excess value of $200 since January 1, 2017.
28. A copy of your most current résumé or curriculum vitae.
29. All documents identified by you in your response to Counterpetitioners’s
interrogatories to you.NO. 08-12-11940-CV
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT
IAN SCOTT TERRY, §
CHILDREN § MONTGOMERY COUNTY, TEXAS
§
RULE 194 REQUESTS FOR DISCLOSURE
To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas
77316; Email: egtist@gmail.com
Pursuant to rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose,
within 30 days after service of this request, the information or material described in rule 194 as
set forth in the attached request. The originals or copies of documents and other tangible items
requested must be produced for inspection and copying at Brass & McCotter, 207 Simonton,
Conroe, Texas 77301 within 30 days after service of this request, together with a written
response. Each written response must be preceded by the request to which it applies. No
objection or assertion of work product privilege is permitted to a request under this rule. If you
fail to comply with this request, the court may order sanctions against you in accordance with the
Texas Rules of Civil Procedure. Your response must be signed.
BRASS & MCCOTTER
207 Simonton
Conroe, TX 77301
Tel: (936) 788-5700
Fax: (936) 788-5701
State ‘Bar No. 02909450
rbrassi @yahoo.com
Attorney for Lauren TerryCertificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on March 31, 2017.
RICK BRASS
Attomey for Lauren TerryRULE 194 REQUEST
1. State the correct names of the parties to the lawsuit.
2. State the names, addresses, and telephone numbers of any potential parties.
3. State the legal theories and, in general, the factual bases of the claims or defenses
of JOSHUA SCOTT TERRY.
4. State the amount and any method of calculating economic damages.
5, State the names, addresses, and telephone numbers of persons having knowledge
of relevant facts, and give a brief statement of each identified person's connection with the case.
6. For any testifying expert -
a. state the expert's name, address, and telephone number;
b. state the subject matter on which the expert will testify;
c. state the general substance of the expert's mental impressions and opinions
and a brief summary of the basis for them or, if the expert is not retained
by, employed by, or otherwise subject to the control of JOSHUA SCOTT
TERRY, documents reflecting such information;
d if an expert is retained by, employed by, or otherwise subject to the
control of JOSHUA SCOTT TERRY, produce the originals or copies of
the following:
i. all documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared
by or for the expert in anticipation of the expert's testimony; and.
ii. the expert's current resume and bibliography.
7. Produce the originals or copies of any indemnity and insuring agreements
described in rule 192.3(f) of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part
as follows:!
Indemnity and Insuring Agreements. Except as otherwise provided by law, a party may
obtain discovery of the existence and contents of any indemnity or insurance agreement
under which any person may be liable to satisfy part or all of a judgment rendered in the
action or to indemnify or reimburse for payments made to satisfy the judgment.
8. Produce the originals or copies of any settlement agreements described in rule
192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides in part as follows:
Settlement Agreements. A patty may obtain discovery of the existence and contents of
any relevant portions of a settlement agrecment.
9. Produce the originals or copies of any witness statements described in rule
192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides in part as follows.
Statements of Persons with Knowledge of Relevant Facts. A party may obtain discovery
of the statement of any person with knowledge of relevant facts - a "witness statement" -
regardless of when the statement was made. A witness statement is (1) a written
statement signed or otherwise adopted or approved in writing by the person making it, or
(2) a stenographic, mechanical, electrical, or other type of recording of a witness's oral
statement, or any substantially verbatim transcription of such a recording. Any person
may obtain, upon written request, his or her own statement concerning the lawsuit, which
is in the possession, custody or control of any party.
10. Produce the originals or copies of all medical records and bills that are reasonably
related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills.
11. Produce the originals or copies of all medical records and bills obtained by
JOSHUA SCOTT TERRY by virtue of an authorization furnished by LAUREN LENELL
TERRY.
12, State the name, address, and telephone number of any person who may be
designated as a third party.
Preview
Received and E-Filed for Recor 3/31/2017 4:02:58 PM Barbara Gladden Adamick District Clerk Montgomery County, Texas NO. 08-12-11940-CV IN THE INTEREST OF IN THE DISTRICT COURT IAN SCOTT TERRY, § § ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT § CHILDREN § MONTGOMERY COUNTY, TEXAS 8 MOTION FOR ENFORCEMENT OF CHILD SUPPORT ORDER AND ORDER TO APPEAR This Motion for Enforcement of Child Support Order is brought by LAUREN LENELL FULLER, Movant. The last three numbers of LAUREN LENELL FULLER's driver's license number are 549. The last three numbers of LAUREN LENELL FULLER's Social Security number are 245. Ll Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure. 2. The children the subject of this suit are: Name: ETHAN GAGE TERRY Sex: Male Birth date: March 28, 2004 Name: [AN SCOTT TERRY Sex: Male Birth date: July 25, 2006 3. This Court has continuing, exclusive jurisdiction of this case as a result of prior proceedings. 4. The parties entitled to notice are as follows: a. Respondent, JOSHUA SCOTT TERRY, who is a joint managingconservator. Process should be served at 1006 N. Huntington Tower Run, Montgomery, Texas 77316. 5. On March 4, 2009 in Cause No, 08-12-11940, styled "In the Matter of the Marriage of Joshua Scott Terry and Lauren LENELL Terry and in the Interest of Ethan Gage Terry and Jan Scott Terry," in the 284" Judicial District Court of Montgomery County, the Court signed a Final Decree of Divorce, which a copy is attached hereto and states in relevant part as follows: a. IT IS ORDERED that JOSHUA SCOTT TERRY is obligated to pay and shail pay to LAUREN LENELL TERRY child support of $750.00 per month with the first payment being due and payable April 1", 2009 and a like payment being due and payable on the 1" day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below; 1. a child reaches the age of eighteen years or graduates from high school, whoever occurs later, subject to the provision for support beyond the age of cighteen years set out below, if any; 2. a child marries; 3. achild dies; or 4. achild’s disabilities are otherwise removed for general purposes. b. Obligations of JOSHUA SCOTT TERRY - JOSHUA SCOTT TERRY is ORDERED to include and maintain cach child in his health insurance no later than the date the Court signs the order. Movant was the Petitioner and Respondent was the Respondent in the prior proceedings. 6. Respondent has violated the order described above as follows:VIOLATION 1: JOSHUA SCOTT TERRY, Respondent, is in contempt of court for failing to pay to Movant the full amount of child support due on cach of the payment dates shown below. Violation Date Due Date Paid Amount Due Amount Paid 1 04/01/09 NA $750.00 $0.00 2. 05/01/09 N/A $750.00 $0.00 3. 06/01/09 N/A $750.00 $0.00 4, 07/01/09 N/A $750.00 $0.00 5. 08/01/09 N/A $750.00 $0.00 6. 09/01/09 NA $750.00 $0.00 7. 10/01/09 NA $750.00 $0.00 8. 11/01/09 N/A $750.00 $0.00 9. 12/01/09 NIA $750.00 $0.00 10. 01/01/10 N/A $750.00 $0.00 i. 02/01/10 N/A $750.00 $0.00 12. 03/01/10 N/A $750.00 $0.00 13. 04/01/10 N/A $750.00 $0.00 14. 05/01/10 N/A $750.00 $0.00 15. 06/01/10 N/A $750.00 $0.00 16. 07/01/10 N/A $750.00 $0.00 17. 08/01/10 N/A $750.00 $0.00 18. 09/01/10 N/A $750.00 $0.00 19. 10/01/10 N/A $750.00 $0.0020. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42, 11/01/10 12/01/10 OVol/AL 02/01/11 03/01/11 04/01/11 05/01/11 06/01/11 O7/01/11 O8/O1/11 09/01/11 10/01/11 1VOlil 12/01/11 01/01/12 02/01/12 03/01/12 04/01/12 05/01/12 06/01/12 07/01/12 08/01/12 09/01/12 N/A N/A N/A N/A N/A NA N/A N/A NA N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0043. 45. 46. 47. 48. 49. 50. 31. 52. 53. 54. 55. 56. 37. 38. 59. 60. 61. 62. 63. 64. 65. 10/01/12 11/01/12 12/01/12 01/01/13 02/01/13 03/01/13 04/01/13 05/01/13 06/01/13 07/01/13 10/01/13 11/01/13 12/01/13 01/01/14 02/01/14 04/01/14 08/01/14 09/01/14 03/01/15 04/01/15 05/01/15 12/01/15 02/01/16 N/A N/A NA N/A N/A NIA N/A N/A NA N/A NIA N/A N/A NIA N/A N/A NIA NIA N/A N/A N/A N/A N/A $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0066. 03/01/16 N/A $750.00 $0.00 67. 05/01/16 N/A $750.00 $0.00 VIOLATION 2: JOSHUA SCOTT TERRY, Respondent, is in contempt of court for failing to include and maintain health insurance coverage on each child since the date the Court signed the Final Decree of Divorce. 7. Movant requests that for each violation alleged above, Respondent be held in contempt, jailed for up to 180 days, and fined up to $500, and that cach period of confinement run and be satisfied concurrently. 8. Movant believes, based on the repeated past violations of the Court's order by Respondent, that Respondent will continue to fail to comply with the order. Movant requests that Respondent be held in contempt, jailed, and fined for cach failure to comply with the Court's order from the date of this filing to the date of the hearing on this motion. 9. Respondent's total arrearage at the time of filing is $50,250.00. Movant requests confirmation of all arrearages and rendition of judgment plus interest on arrearages, attorney's fees, and costs. Movant requests the Court to order income withheld for the arrearages, attorney's fees, costs, and interest. 10. Movant requests that Respondent be placed on community supervision for ten years on release from jail or suspension of commitment. 11. Respondent has been in arrears for thirty days or more for some portion of the amount due and is in atrears for an amount equal to at least one month's support. Movant requests the Court to order income withheld for current child support or order a bond or security. 12. Movant requests that, if the Court finds that any part of the order sought to be enforced is not specific enough to be enforced by contempt, the Court enter a clarifying ordermore clearly specifying the duties imposed on Respondent and giving Respondent a reasonable time within which to comply. 13. It was necessary to secure the services of RICK BRASS, a licensed attorney, to enforce and protect the rights of LAUREN LENELL FULLER and the children the subject of this suit. Respondent should be ordered to pay reasonable attorney's fees, expenses, and costs, and a judgment should be rendered in favor of the attomey and against Respondent and be ordered paid directly to the undersigned attorney, who may enforce the judgment in the attorney's own name. Movant requests postjudgment interest as allowed by law. Movant prays that Respondent be held in contempt and punished as requested, that a judgment be granted for arrearage plus interest on arrearages, that the Court order community supervision, that the Court order income withheld for child support, child support arrearages, attorney's fees, and costs or order a bond or security, that the Court clarify any part of its prior order found not specific enough to be enforced by contempt, for attorney's fees, expenses, costs, and interest, and for all further relief authorized by law. Respectfully submitted BRASS & MCCOTTER 207 Simonton. Conroe, TX. 77301 Tel: (936) 788-5700 Fax: (936) 788-5701 By: RICK BRASS State Bar No. 02909450 rbrass1@yahoo.com Attorney for Lauren Leneil FullerOrder to Appear Respondent, JOSHUA SCOTT TERRY, is ORDERED to appear and respond to this Motion for Enforcement of Child Support Order in the 418" Judicial District Court on. 6-20-17 at__9 a.m. The purpose of this hearing is to determine whether the relief requested in this motion should be granted. It is further ordered that any authorized person eighteen years of age or older who is not a party to or interested in the outcome of this suit may serve any citation, notice, or process in this case. Signed: 4/4/2017 09:13 AM SIGNED on. /5f Tracy Gilbert JUDGE PRESIDINGNO. 08-12-11940-CV IN THE INTEREST OF § IN THE DISTRICT COURT § ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT IAN SCOTT TERRY, § CHILDREN § MONTGOMERY COUNTY, TEXAS § WRITTEN INTERROGATORIES To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas 77316; Email: egtist@gmail.com Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to answer in complete detail and in writing each of the attached interrogatories; sign your answers to the interrogatories; swear to the truth of your answers before a notary public or other judicial officer as required by rules 191.3(a) and 197.2(d) of the Texas Rules of Civil Procedure; and deliver a complete, signed, and notarized copy of your answers to the undersigned attorney within 30 days following service of this request. If you fail to comply with the requirements above, the Court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Definitions "Tdentity and location" means the person's name and present or last known address and telephone number. If any of the above information is not available, state any other means of identifying the individual. "Person" includes and is intended to mean any natural person or the representative of any entity or entities, as defined below. "Intellectual property and other intangible property" includes, but is not limited to, patents, trademarks, copyrights, artistic works in progress, domain names, licensing agreements,and trade secrets. "Entity" or "entities" includes and is intended to mean any nonpublicly traded - a. corporation; b. company; c. limited liability company; d. firm; e. association; f trust; g. business trust; h. partnership; i. limited partnership; j. family limited partnership; k. __- limited liability partnership; 1. joint venture; m. proprietorship; or n. other form of business entity. "Household" means a unit composed of all persons living together in the same dwelling in which you reside, whether or not they are related to you or to each other. Instructions All information that is not privileged that is in the possession of Petitioner, his attorney, investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure, employees, or other representatives of Petitioner is to be divulged. Possession, custody, or control of an item means that the person cither has physical possession of the item or has a rightto possession of the item that is equal or superior to that of the person who has physical possession of the item. If an interrogatory calls for an answer that involves more than one part, each part of the answer must be clearly set out so that il is understandable. You must precede your answer to each separate interrogatory with the question constituting the separate interrogatory. Option to Produce Records If the answer to an interrogatory may be derived or ascertained from public records, from your business records, or from a compilation, abstract, or summary of your business records, and the burden of deriving or ascertaining the answer is substantially the same for Counterpetitioner as for you, you may answer the interrogatory by specifying and, if applicable, producing the records or compilation, abstract, or summary of the records. The records from which the answer may be derived or ascertained must be specified in sufficient detail to permit Counterpetitioner to locate and identify them as readily as you can. If you have specified business records, you must state a reasonable time and place for examination of the documents. You must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the court, and must provide Counterpetitioner a reasonable opportunity to inspect them.Respectfully submitted, BRASS & MCCOTTER 207 Simonton. Conroe, TX 77301 Tel: (936) 788-5700 ail Bar No. 02909450 E-Mail: rbrass1 @yahoo.com Attorney for, Lauren Lenell Fuller Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in ‘accordance with the Texas Rules of Civil Procedure on March 31, 2017. RIGK BRASS Attorney for, Lauren Lenell FullerL. For each month since January 1, 2017, state- a the source and amount of your average monthly resources and self- employment income, as defined by sections 154.062(b) and 154.065(a) of the Texas Family Code, and. b. the identity and location of each of your employers and other sources of income, if any. 2. If anyone other than yourself is contributing toward the payment of your current household expenses, for each person state- a. the name of the person and b. the monthly amount of the contribution. 3. Identify and state the amount of each of your current monthly living expenses. 4. State the identity and location of each of your current creditors and the amount owed each creditor. 5. Tf the children are involved in extracurricular activities, for each activity state- a. the nature of the activity, b. the average annual cost of the activity, and on the schedule of the activity. 6. For each person whose circumstances you allege have materially and substantially changed since the rendition of the order to be modified: a. state the identity of the person; b. describe the circumstances you allege have changed, both as they existed on January 1, 2017 and as they currently exist; and c. state why each change of circumstances supports your request that theorder be modified. 7. if you contend that the children's present living environment may endanger the children's physical health or significantly impair the children's emotional development, state in general the legal theories and factual bases that support your contention. 8. If any unrelated adult spent the night with you at any time since January 1, 2017 while you were in possession of your children, state- a. the identity and location of each person and b. the dates and locations of each such occurrence. 9. If you contend that it is in the best interest of the children that you be appointed joint managing conservator with the exclusive right to designate the primary residence of the children subject to a geographic restriction, state in general the legal theories and factual bases that support your contention. 10. If you contend that it is in the best interest of the children that the primary residence of the children be subject to a geographic restriction, identify the geographic area to which the residence should be restricted and state in general the legal theories and factual bases that support your contention. 11. State what periods of possession and access each conservator should have and, in general, the legal theories and factual bases that support your contention. 12. State each day you have exercised possession of or access to the children since January 1, 2017 and the amount of time you spent with each child on each such day. 13. If the court orders you to pay child support, state the monthly amount of support the court should order you to pay, and state in general the legal theories and factual bases that support your contention.14. If the court orders LAUREN LENELLE FULLER to pay child support, state the monthly amount of support the court should order LAUREN LENELLE FULLER to pay, and state in general the legal theories and factual bases that support your contention. 15. If you have dependent health insurance coverage available to you, state how much it would or does cost you to cover the children the subject of this suit on that policy in addition to whatever you pay for health insurance coverage for yourself and any other person. 16. State how the court should order that health insurance coverage be provided for the children, and state in general the legal theories and factual bases that support your contention. 17. Generally, what hours do you work and on which days of the week? 18. If you have been denied possession of or access to the children since January 1, 2017, for each period of possession or access state- a. the date, b. the circumstances of each denial, and rom any reasons or excuses given for each denial.NO. 08-12-11940-CV IN THE INTEREST OF § IN THE DISTRICT COURT § ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT IAN SCOTT TERRY, 8 CHILDREN § MONTGOMERY COUNTY, TEXAS § REQUEST FOR PRODUCTION AND INSPECTION To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas 77316; Email: egtist@gmail.com LAUREN LENELL FULLER, Petitioner, requests that Respondent, JOSHUA SCOTT TERRY, produce for inspection and copying the items described below, at the time and place set out below. Definitions "Respondent," "you," and "your" refer to and are intended to include JOSHUA SCOTT TERRY, your employees, and/or your agents, either individually or as a representative of any corporation, association, or partnership, as the case may be, as well as any testifying expert witnesses retained by you or retained on your behalf relating to this litigation and any consulting experts whose work product has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental impressions and opinions of any testifying experts. "Person" includes and is intended to mean any natural person or the representative of any entity or entities, as defined below. “Entity” or "entities" includes and is intended to mean any nonpublicly traded - a. corporation; b. company; on limited liability company;d firm; e. association; f trust; g. business trust; h. partnership; i. limited partnership; j. family limited partnership; k. limited liability partnership; L joint venture; m. proprietorship; or n. other form of business entity. "Relates to" means in whole or in part constitutes, contains, concerns, embodies, relates, analyzes, identifies, states, refers to, deals with, or in any way pertains to. "Item," "document," or "documents" includes, but is not limited to, each tangible thing, recording, or reproduction of any visual or auditory information, including but not limited to papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations, however made, whether handwritten, typewritten, or printed material, drafts, duplicates, carbon copies, photocopies, c-mail, scanned documents, digital documents, and all other copies. "Parties" means Petitioner or Respondent or both Petitioner and Respondent. “Fringe benefit” means any benefit from an employer apart from salary, including but not limited to payment of personal expenses; payment of housing expenses; vacation pay; payment of medical, hospitalization, or dental insurance, life insurance, annuities, and disability insurancepolicies; payment of automobile expenses (including note payment, gasoline, repairs, maintenance, insurance, and mileage compensation); payment of travel allowances; restricted stock; warrants; deferred compensation plans, 401(k) contributions, stock options, or retirement or pension benefits; country club or other memberships; use of company airplanes, homes, boats, or cars; payment of business professional dues; interest-free or low-interest loans; payment of legal fees; accounting or bookkeeping services; and payment for items used by you personally. "Intellectual property and other intangible property" includes, but is not limited to, patents, trademarks, copyrights, artistic works in progress, domain names, licensing agreements, and trade secrets. Instructions All information responsive to this request that is not privileged and that is in your possession, custody, or control is to be produced. "Possession, custody, or control" of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to that of the person who has physical possession of the item. If any of this information is solely in electronic or magnetic form, you must produce this information by providing Petitioner with this information on CD-ROM computer disks formatted for IBM-compatible computers with a notation identifying the computer program (including version identification) necessary to access the information. Time Period The discovery requested is for documents prepared, received, or generated since January 1, 2017 unless otherwise provided in this request. All requested documents; whenever actually prepared or generated, that relate to this period are to be produced.Documents to Be Produced All items set forth in Exhibit A are to be produced for inspection, examination, and copying within 30 days following service of this request at Brass & McCotter, 207 Simonton, Conroe, Texas 77301. You must either produce documents and tangible things as they are kept in the ordinary course of business or organize and label them to correspond with the categories in this request. Amendment or Supplementation of Response If you learn that your response to this request was incomplete or incorrect when made or that, although it was complete and correct when made, it is no longer complete and correct, you must amend or supplement the response - 1. to the extent that the request seeks the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses, and 2. to the extent that the request seeks other information, unless the additional or corrective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses. You must make amended or supplemental responses reasonably prompily after you discover the necessity for such a response. Content of Response With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that - 1. production, inspection, or other requested action will be permitted as requested; 2. the requested items are being served on Petitioner with the response; 3. production, inspection, or other requested action will take place at a specified timeand place, if you are objecting to the time and place of production; or 4. no items have been identified - after a diligent search - that are responsive to the request. BRASS & MCCOTTER 207 Simonton Conroe, TX 77301 Tel: (936) 788-5700 Fax: (936) 788-5701 By: RIC] State Bar No. 02909450 rbrassl@yahoo.com Attorney for Lauren Lenell Terry Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on March 3}, 2017. RICK/RASS Attorney for Lauren Lenell TerryExhibit A 1 All documents, including invoices and billing statements, evidencing the contractual relationship with any attorney not designated as an expert, consulting experts on whom testifying experts rely, and/or investigators in connection with this case. 2. All diaries, notes, memoranda, journals, or calendars, including electronic diaries, memoranda, journals, or calendars, letters and correspondence, including electronic writings (for example, e-mail and text messages), or other written logs that relate to - a conservatorship; b. possession and access; and c child support and health insurance for the children. 3. All drawings, graphs, charts, photographs, tape or electronic recordings, and audio/video recordings that relate to - a. conservatorship; b. possession and access; and c. child support and health insurance for the children. 4. All federal and state income-reporting documents, including tax returns with all schedules and amendments, whether personal or for any entity in which the parties own or claim, or have owned or claimed, any interest since January 1, 2017. 5. All W-2 forms, 1099 forms, K-1 forms, Form SSA-1099, Personal Earnings Benefit Estimate Statement (PEBES), payroll statements and pay stubs, and other income- and revenuc-reporting forms that evidence the parties' income since January 1, 2017. 6. All documents relating to any fringe benefit that you have received or have been eligible to receive since January 1, 2017.7. All documents relating to your employment compensation, including contracts, and all documents relating to your overtime compensation, bonuses, deferred compensation, and severance pay that you have received or have been eligible to receive since January 1, 2017. 8. All accounts reflecting funds, including mutual funds, on deposit with banks, brokerage firms, or other financial institutions, including - a. statements of account reflecting account balances. b all deposit slips This request applies to all accounts since January 1, 2017 whether held in your name or your name jointly with any other person. This request also applies to any account from which you have the right to make withdrawals. 9. All correspondence or other documents, including enrollment, attendance, and grade records, as well as progress reports, evaluations, and standardized test scores, that relate to the children the subject of this suit from any camp, school, or day-care facility in which the children have been enrolled since January 1, 2017. 10. All records, including invoices, relating to medical, psychological, and psychiatric treatments, consultations or diagnoses of the children, including but not limited to any prescriptions, since January 1, 2017. 11. All booklets and statements of account in any stock options or retirement, pension, profit-sharing, employee stock ownership, Keogh, or individual retirement plans in which the partics claim an interest, including all documents available from the plan administrators of the retirement plans in your name relating to the preparation and submission of a qualified or nonqualificd domestic relations order to each plan administrator and, if a domestic relations order is not necessary, all documents necessary to transfer ownership of an interest inthe stock options or retirement plans to your spouse. 12. All court orders requiring you to pay or entitling you to receive spousal maintenance, alimony, or child support. 13. All. mortgages, notes receivable, accounts receivable, or other evidence or information pertaining to debts due in which you own or claim, or have owned or claimed, any interest since January 1, 2017. 14. All deeds, deeds of trust, notes, and closing statements relating to any real property in which you have an interest. 15, All certificates of title and current license receipts to any motor vehicles, boats, recreational vehicles, aircraft, or watercraft in which you claim an interest. 16. All policies of insurance, whether life, health, automobile, disability, casualty, homeowners, personal articles, or otherwise, in which you claim any insurance protection. 17. All articles of incorporation or organization of any entity in you claim or have claimed any legal or equitable interest. 18. Copies or originals of all credit files, loan files, loan applications, credit applications, lease applications, promissory notes, guaranty agreements, lease agreements, lines of credit, contracts for drafting authority, security agreements, or other obligations and contractual agreements in your name or to which the you are signatory. 19. All documents evidencing your present monthly income. 20. All documents evidencing your current houschold and living expenses, including, but not limited to, existing written or electronic budgets, “money map” diagrams provided by your bank and/or credit card company, and/or any other record of current expenditures on household and living expenses.21. All documents evidencing the lease of a residence, including the lease itself, along with any documents evidencing payment of rent (such as receipts, payment confirmations, canceled checks, electronic transfers, etc.). 22. All documents evidencing the purchase of a residence, including the promissory note and deed of trust, along with any documents evidencing payment of the note (such as receipts, payment confirmations, canceled checks, electronic transfers, ctc.). 23. All documents evidencing the purchase or lease of a vehicle, including the purchase/lease documents, along with any documents evidencing payment of the note or lease (such as receipts, payment confirmations, canceled checks, electronic transfers, etc.). 24. All documents evidencing gifts, loans, and/or transfers of money, other funds, and/or property made to or received by a third person since January 1, 2017. 25. Acopy of your credit report from any of the following credit bureaus: a. Equifax Credit Information Services, Inc., P.O. Box 740241, Atlanta, GA 30374; 1-800-685-1111; www.equifax.com; b. Experian (TRW), P.O. Box 2002, Allen, TX 75013; 1-888-397-3742; www.experian.com; or c. TransUnion LLC, Consumer Disclosure Center, P.O. Box 1000, Chester, PA 19022; 1-800-888-4213; www.transunion.com. 26. . All documents relating to the sale or disposition of any property valued in excess of $50 since January 1, 2017. This specifically includes, but is not limited to, any documents evidencing the procceds received from the sale of any former residence, along with documents evidencing the current whereabouts of said proceeds. 27. All documents relating to the purchase and/or acquisition of any personal propertywith an excess value of $200 since January 1, 2017. 28. A copy of your most current résumé or curriculum vitae. 29. All documents identified by you in your response to Counterpetitioners’s interrogatories to you.NO. 08-12-11940-CV IN THE INTEREST OF § IN THE DISTRICT COURT § ETHAN GAGE TERRY and § 418TH JUDICIAL DISTRICT IAN SCOTT TERRY, § CHILDREN § MONTGOMERY COUNTY, TEXAS § RULE 194 REQUESTS FOR DISCLOSURE To: JOSHUA SCOTT TERRY, 1006 North Huntington Tower Run, Montgomery, Texas 77316; Email: egtist@gmail.com Pursuant to rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose, within 30 days after service of this request, the information or material described in rule 194 as set forth in the attached request. The originals or copies of documents and other tangible items requested must be produced for inspection and copying at Brass & McCotter, 207 Simonton, Conroe, Texas 77301 within 30 days after service of this request, together with a written response. Each written response must be preceded by the request to which it applies. No objection or assertion of work product privilege is permitted to a request under this rule. If you fail to comply with this request, the court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Your response must be signed. BRASS & MCCOTTER 207 Simonton Conroe, TX 77301 Tel: (936) 788-5700 Fax: (936) 788-5701 State ‘Bar No. 02909450 rbrassi @yahoo.com Attorney for Lauren TerryCertificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on March 31, 2017. RICK BRASS Attomey for Lauren TerryRULE 194 REQUEST 1. State the correct names of the parties to the lawsuit. 2. State the names, addresses, and telephone numbers of any potential parties. 3. State the legal theories and, in general, the factual bases of the claims or defenses of JOSHUA SCOTT TERRY. 4. State the amount and any method of calculating economic damages. 5, State the names, addresses, and telephone numbers of persons having knowledge of relevant facts, and give a brief statement of each identified person's connection with the case. 6. For any testifying expert - a. state the expert's name, address, and telephone number; b. state the subject matter on which the expert will testify; c. state the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them or, if the expert is not retained by, employed by, or otherwise subject to the control of JOSHUA SCOTT TERRY, documents reflecting such information; d if an expert is retained by, employed by, or otherwise subject to the control of JOSHUA SCOTT TERRY, produce the originals or copies of the following: i. all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and. ii. the expert's current resume and bibliography. 7. Produce the originals or copies of any indemnity and insuring agreements described in rule 192.3(f) of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part as follows:! Indemnity and Insuring Agreements. Except as otherwise provided by law, a party may obtain discovery of the existence and contents of any indemnity or insurance agreement under which any person may be liable to satisfy part or all of a judgment rendered in the action or to indemnify or reimburse for payments made to satisfy the judgment. 8. Produce the originals or copies of any settlement agreements described in rule 192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides in part as follows: Settlement Agreements. A patty may obtain discovery of the existence and contents of any relevant portions of a settlement agrecment. 9. Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides in part as follows. Statements of Persons with Knowledge of Relevant Facts. A party may obtain discovery of the statement of any person with knowledge of relevant facts - a "witness statement" - regardless of when the statement was made. A witness statement is (1) a written statement signed or otherwise adopted or approved in writing by the person making it, or (2) a stenographic, mechanical, electrical, or other type of recording of a witness's oral statement, or any substantially verbatim transcription of such a recording. Any person may obtain, upon written request, his or her own statement concerning the lawsuit, which is in the possession, custody or control of any party. 10. Produce the originals or copies of all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. 11. Produce the originals or copies of all medical records and bills obtained by JOSHUA SCOTT TERRY by virtue of an authorization furnished by LAUREN LENELL TERRY. 12, State the name, address, and telephone number of any person who may be designated as a third party.