Preview
FILED
9/21/2020 12:00AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
DEPUTY
Darling Tellez
CAUSE NO. DC20—03959
DENLEY ANN BISHOP, § IN THE DISTRICT COURT OF
P/czz'm‘zfi
g
vs. g DALLAS COUNTY, TEXAS
BRADY HOWELL g
Defendant, g 1 16th JUDICIAL DISTRICT
ORIGINAL ANSWER
Brady D. Howell, Defendant in the above styled and numbered cause, files his Original
Answer, and for the same would show:
1. General Denial
In accordance with Rule 92, Brady D. Howell, enters a general denial and denies each
and every, all and singular, the allegations contained in Plaintist Original Petition, and
demands strict proof thereof as required by the Texas Rules 0f Civil Procedure.
THEREFORE, Brady D. Howell prays the Court, after notice and hearing 0r trial,
enters judgment that Plaintiff take nothing, award Defendant the costs 0f court, attorneys’
fees, and that Defendant have such other and further relief to which they may be justly entitled.
Respectfully submitted,
/s/ Brady D. Howell
BRADY D. HOWELL
5225 Valley Verde Lane #353
Dallas, Texas 75240
P. (940) 367-1031
F. (214) 699-2323 (fax)
State Bar No. 24090917
bhowell@bdh-law.com
Certificate 0f Written Discovery 1
CERTIFICATE OF SERVICE
I certify that a true copy 0f the above was served on allattorneys 0r record and/or pro
SC parties in accordance With the Texas Rules 0f Civil Procedure.
/s/ Brady D. Howell
BRADY D. HOWELL
CAUSE NO. TX—07219
Certificate 0f Written Discovery 2
COOKE COUNTY et. aL, § IN THE DISTRICT COURT OF
P/czim‘z'fif,
g
vs. g COOKE COUNTY, TEXAS
JASPER L. ROBERTS g
and ALICE M. ROBERTS §
Defendants g
235TH JUDICIAL DISTRICT
ATTORNEY AD LITEM’S DUE DILIGENCE AFFIDAVIT
FOR DEFENDANTS JASPER L. ROBERTS & ALICE M. ROBERTS
BEFORE ME, the undersigned notary public, on this day appeared Brady D. Howell, Who
stated upon oath the following:
My name is Brady D. Howell. I am over the age of 18 years and I am not
disqualified from making this sworn statement. The statements herein
are made on my personal knowledge and they are true.
I am a licensed attorney, in good standing. Iwas appointed by the above
referenced court to represent the interests ofjasper L. Roberts and Alice
M. Roberts, who were Cited by posting 0r publication in the above
captioned matter. I have exercised reasonable diligence in attempting to
locate the parties for whom I was appointed t0 serve as attorney ad litem
and my search has been unsuccessful, except as stated below. My search
efforts were undertaken for the purpose of attempting t0 locate the
named Defendants 0r, if they are no longer living, their lawful heirs
and/or successors, and any person asserting an adverse claim t0 the real
property that is the subject of the above captioned matter. My efforts
included the following:
1) I have reviewed the title, person search and other file materials
compiled by the attorneys for the Plaintiff taxing jurisdiction, and I
have satisfied myself that the information contained therein did not
reveal the whereabouts of the Defendants, or any successors in
interest to them.
2) Itappears that the deed by which the defendants took title was dated
,
and that no taxes levied against the property have been
paid in at least years.
Certificate 0f Written Discovery 3
3) I have searched the on—line records of the Cooke County Appraisal
District, and I have determined the following:
a.) The Defendants are not listed as the owners 0f any other
property on the tax rolls of Cooke County, Texas; and
b) I have obtained the names and addresses 0f the owners 0f
property adjacent to that Which is the subject of this suit.
4) I have searched the public record indices 0f the Cooke County
Clerk’s office and determined that:
a) Defendants are not shown as the owners of other property in
Cooke County;
b) Defendants are not shown as parties to other civil actions in
Cooke County; and
c) There is no record 0f any probate filings in the names 0f the
Defendants in Cooke County.
5) It appears from my search 0f the social security death index that:
a) Jasper L. Roberts died 0n in ,
Texas; and
b) Alice M. Roberts died 0n in ,
Texas.
6) Ihave Visited the real property that is the subject of the pending suit,
which is located at , , and the
property is vacant.
7) I have attempted t0 speak to the occupants 0f adjacent properties,
and I have been unsuccessful.
8) Ihave conducted searches 0f the following internet based directories
and databases, and found information relating to persons Who
may have a relationship t0 Defendants 0r who may have a possible
interest in the property
a. Internet search sites.
Certificate 0f Written Discovery
9) Ihave sent letters to each individual Who I believe may be related to
the Defendants or who may have an interest in the property, based
on my investigation. The result of my mailings was: mail was returned
unclaimed from addresses; no response was received from
addresses, even though it appears my letters were delivered;
and #people responded to my letters and advised me that they are
no relation to defendants.
10) My internet search located telephone numbers for X persons Who
may be related to Defendants or who may have an interest in the
subject property. My attempts to reach people at those numbers
resulted in conversations With X people claiming no knowledge of
the Defendants, and Z n0 answers after repeated attempts.
I believe, based on my search, that additional effort to locate the named
Defendants and/or any living heirs or successors Will not be successful.
Based on the above, I am satisfied that the Defendants, and any living
successors t0 the Defendants, cannot be located.
In the course 0f fulfilling my duties as attorney ad litem, I have devoted
X hours of my time, all of Which hours were necessarily expended. My
fee for legal services in matters such as this is $X, which is a reasonable
hourly fee for attorneys of the qualification and experience who
provided the services. A reasonable fee for the attorney ad litem services
rendered in this matter is$X, taking into account the factors referenced
by the Texas Supreme Court in An‘bm Andemofl 2’9? C0. v. Pem/ Eqm'p.
Com, 945 S.W.2d 812 (TeX. 1997). In addition, I have incurred out 0f
pocket expenses in the total amount 0f $}_{, Which were reasonably
incurred in the course of my investigation.
Further affiant sayeth naught.
Defendants Jasper L. Roberts and Alice M. Roberts, whose whereabouts and location
Certificate 0f Written Discovery 5
Cause No.
IN THE INTEREST 0F § IN THE DISTRICT COURT 0F
§
B.J.R.,, § COOKE COUNTY, TEXAS
§
A CHILD § 235TH JUDICIAL DISTRICT
RESPONDENT’S REQUEST FOR DISCLOSURE
TO: Petitioner, Texas Department of Family and Protective Services, by and through their
attorney of record,]ames D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 76011.
Pursuant to Texas Rule 0f Civil Procedure 194, you are requested to disclose, within
30 days 0f the service 0f this request, the information or material described in Rule 194.2(a) —
(1)-
Respectfully submitted,
Certificate 0f Written Discovery 6
LAW OFFICE OF BRADY D. HOWELL
P.O. BOX 190249
Dallas, Texas 75219
P. (940) 367-1031
F. (214) 699—2323 (fax)
By:
Brady D. Howell
State Bar N0. 24090917
Email: bhowelngbdh—lawxom
ATTORNEY FOR RESPONDENT MOTHER
CERTIFICATE OF SERVICE
This is to certify that 011 this the 10th day 0f January, 2017, a copy 0f the foregoing
document was served 0n the following persons Via email and facsimile:
James D. Saint Thomas J. Holmes, III
Email: james.saint@dfps.state.tx.us Email: T]Holrnes3@gmail.corn
1200 E. Copeland, Suite 400 Homes Law, PLLC
Arlington, TX 76011 P.O. BOX 272746
817.792.44041 (phone) Houston, TX 77277
512.276.3500 (fax) 713.269.4071 (phone)
866.314.6756 (fax)
ATTORNEY FOR PETITIONER
DEPARTMENT 0F FAMILY AND ATTORNEY FOR RESPONDENT FATHER
PROTECTIVE SERVICES ELLIOT PRESCOTT ROBERSON
Thomas J. Holmes, III Casa 0f North Texas
Email: T]Holmes3@gmail.com P.O. Box 272746
HOLMES Law, PLLC Gainesville, TX 76240
P.O. BOX 272746 940.665.2244 (phone)
Houston, TX 77277 940.665.2422 (fax)
713.269.4071 (phone)
866.314.6756 (fax) GUARDIAN AD LITEM FOR THE CHILD
ELLIOT PRESCOTT ROBERSON
ATTORNEY AD LITEM FOR THE CHILD
ELLIOT PRESCOTT ROBERSON
By:
Brady D. Howell
State Bar No. 24090917
Email: bhowell§deh-law.com
Certificate of Written Discovery
3. The diligence exerted by me consists 0f at least the following:
Verified rendition ownership and address on Tax R011; Internet Phone Directories;
Local 1411 Information;
Lexis Nationwide Person Locator;
Accurint Comprehensive Review;
A11 Known Address—Local and National; State Driving Records;
State Motor Vehicle Records;
Statewide Voter Registration;
County Civil Court Records-Local and Lexis; State Searchable Databases;
Social Security Death Index;
Cause No.
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
B.J.R.,, § COOKE COUNTY, TEXAS
Certificate 0f Written Discovery
§
A CHILD § 235TH JUDICIAL DISTRICT
DEFENDANT’S ORIGINAL ANSWER
Defendants, Yucca Assets, LLC, Chaparral Assets, LLC, and Manzanita Assets, LLC, file this
Original Answer t0 Plaintiffs Original Petition and would show the Court the following:
1. Defendants, pursuant to Rule 92 of the Texas Rules of Civil Procedure, deny each and every,
all and singular, the allegations in Plaintiff‘s Original Petition, and demand strictproof thereof.
2. Defendant(s) herein reserve the right to supplement itsanswere herein to bring such other
claims and causes of action to Which itmay be entitled pursuant to the Rules of Procedure and
equity, as appropriate.
WHEREFORE, Defendants request judgment of the Court that Plaintiff take nothing by its suit;
that Defendants be awarded their costs, attorney's fees; and for such other relief at law or in
equity to which Defendants may themselves justly entitled.
Respectfully submitted,
LAW OFFICE OF BRADY D. HOWELL
P.O. BOX 190249
Dallas, Texas 75219
P. (940) 367—1031
F. (214) 699—2323 (fax)
By:
Brady D. Howell
State Bar No. 24090917
Email: bhowelngbdh—lawcom
ATTORNEY FOR RESPONDENT MOTHER
CERTIFICATE OF SERVICE
Ihereby certify that a true and correct copy of the foregoing was forwarded to all parties
and opposing counsel pursuant to Rule 21a 0f the Texas Rules of Civil Procedure, on this
February _, 2017.
ORIGINAL ANSWER OF ATTORNEY AD LITEM
TO THE HONORABLE JUDGE OF SAID COURT:
Certificate of Written Discovery 9
Brady D. Howell, Who has been appointed attorney ad litern by this court under Texas
Rules of Civil Procedure Rule 244 to represent the interest of the Defendant(s) Jasper
L. Roberts and Alice M. Roberts, and unknown heirs, successors and assigns unknown,
unknown owners, and Whose whereabouts are unknown, for the purpose 0f
representing their interest in this cause, files this Original Answer to the Plaintiff’s
Petition and by way of answer shows:
of record,]arnes D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 76011.
Respondent, requests that Petitioner, The Texas Department of Family
m
,
and Protective Services, produce for inspection and copying the items described below, at the
time and place set out below:
“TDFPS” means the Texas Department 0f Family and Protective Services.
“Relating to” means in whole or in part constituting, containing, concerning,
embodying, relating, analyzing, identifying, stating, referring to, dealing With, or in any way
pertaining to.
“Parties” means the Texas Department of Family and Protective Service and
and the child, subject to this case.
Instructions
A11 information that is not privileged that isin the possession of Petitioner, his
attorney, investigators, agents, consulting experts, as defined in the Texas Rules of Civil
Procedure, employees, or other representatives of Petitioner is to be divulged.
You must produce any document 0f which you have possession, custody, or control.
Possession, custody, 0r control includes constructive possession such that you need not have
actual physical possession. As long as you have a superior right t0 compel production from a
third party (including an agency, authority, 0r representative), you have possession, custody,
0r control.
The documents must either be produced as they are kept in the usual course 0f
business or be organized and labeled to correspond with the categories in the request.
Any and alldata or information which is in electronic or magnetic form should be
produced in the following form: reduced to writing.
Documents t0 Be Produced
Certificate 0f Written Discovery 10
The documents set forth in Exhibit A, Which include any and all documents, things,
and recordings that constitute, mention, or in any way, directly or indirectly, relate or refer t0
this request, are t0 be produced for inspection, examination, and copying within thirty days
following service 0f this request at The Law Office of Brady D. Howell at 7333 Valley View
Lane, Suite 306, Dallas, TX 75240.
Respectfully submitted,
LAW OFFICE OF BRADY D. HOWELL
P.O. BOX 190249
Dallas, Texas 75219
P. (940) 367—1031
F. (214) 699-2323 (fax)
By:
Brady D. Howell
State Bar N0. 24090917
Email: bhowell@bdh-law.com
ATTORNEY FOR RESPONDENT MOTHER
CERTIFICATE OF SERVICE
This is to certify that 0n this the 10th day 0f January, 2017, a copy 0f the foregoing
document was served 0n the following persons Via email and facsimile:
By:
Brady D. Howell
State Bar N0. 24090917
Email: bhoweflngdh—lawcom
Cause No.
Certificate of Written Discovery 11
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
B.J.R.,, § COOKE COUNTY, TEXAS
§
A CHILD § 235TH JUDICIAL DISTRICT
REQUEST FOR DISCLOSURE / RULE 194 REQUEST
TO: Petitioner, The Texas Department of Family and Protective Services, by and through
their attorney of record, James D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX
7601 1.
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 0f the claims 0r
defenses of TDFPS. (TDFPS need not marshal all evidence that may be offered at
trial.)
4. State the names, addresses, and telephone numbers 0f persons having
knowledge of relevant facts, and give a brief statement 0f each identified person's
connection with the case.
5. 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 t0 the control of
TDFPS, documents reflecting such information;
d. if the expert is retained by, employed by, or otherwise subject to the
control 0f TDFPS, produce the originals or copies of the following:
i. all documents, tangible things, reports, models, 0r data
compilations that have been provided t0, 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.
76011.
Certificate 0f Written Discovery 12
6. Produce the originals or copies of any witness statements described in rule
192.3(h) of the Texas Rules 0f Civil Procedure. Rule 192.3(h) provides as follows.
Statements ofpemam witb Knowledge ofRe/emm‘ Facts. A party may obtain discovery or the
statement 0f 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 0r approved in writing by the person making it,
or (2) a stenogtaphic ,
mechanical, electrical, or other type of recording of a witness's
oral statement, or any substantially verbatim transcription 0f such a recording. Notes
taken during a conversation 0r interview with a witness is not a witness statement. Any
person may obtain, upon written request, his 0r her own statement concerning the
lawsuit, Which isin the possession, custody or control 0f any party.
The disclosures must be signed in accordance with Texas Rules of Civil
Procedure, Rule 191.3, and delivered to the undersigned attorney.
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you are required to
disclose Within 30 days of service of this request, the information or materials
as set forth above.
Respectfully submitted,
LAW OFFICE 0F BRADY D. HOWELL
P.O. Box 190249
Dallas, Texas 75219
P. (940) 367—1031
F. (214) 699—2323 (fax)
By:
Brady D. Howell
State Bar N0. 24090917
Email: bhowelngbdh-law.com
ATTORNEY FOR RESPONDENT
CERTIFICATE OF SERVICE
This is to certify that on this the 10th day ofjanuary, 2017, a copy of the foregoing
document was served on each attorney of record in accordance with the Texas Rules 0f Civil
Procedure.
By:
Brady D. Howell
Cause No.
Certificate of Written Discovery 13
IN THE INTEREST 0F § IN THE DISTRICT COURT 0F
§
B.J.R.,, § COOKE COUNTY, TEXAS
§
A CHILD § 235TH JUDICIAL DISTRICT
RESPONDENT’S FIRST SET OF INTERROGATORIES TO PETITIONER
TO: Petitioner, The Texas Department of Family and Protective Services, by and through
their attorney of record, James D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX
7601 1.
,
Respondent Mother, hereby serves upon Petitioner, Texas Department of
Family and Protective Services (“CPS”) the following First Set 0f Interrogatories t0 Petitioner,
pursuant to Rules 190 and 197 0f the Texas Rules of Civil Procedure, which, in compliance
With such Rules, are directed to and shall be answered by Petitioner in complete detail and in
writing each of the attached interrogatories, sign your answers to the interrogatories, swear t0
the truth of your answers before a notary public 0r other judicial officer as required by rules
191.3(a) and 197.2(d) 0r the Texas Rules 0f Civil Procedure, and deliver a complete, signed,
and notarized copy of your answers to the undersigned attorney Within 30 days following
service 0f this request. You are reminded that under the provisions 0f the Texas Rules of Civil
Procedure, you are under a duty to reasonably amend your answers and responses if you obtain
information upon the basis 0f Which (a) you know that the answers / responses are incorrect
When made, or (b) you know that the answers / responses, though correct When made, are n0
longer true and the circumstances are such that failure to amend your answers is in substance
a knowing concealment. 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.
Respectfully submitted,
LAW OFFICE 0F BRADY D. HOWELL
P.O. Box 190249
Dallas, Texas 75219
P. (940) 367—1031
F. (214) 699-2323 (fax)
By:
Brady D. Howell
Certificate 0f Written Discovery 14
State Bar No. 24090917
Email: bhowell§deh—1aw.com
ATTORNEY FOR RESPONDENT
CERTIFICATE OF SERVICE
This is to certify that on this the 10th day ofjanuary, 2017, a copy of the foregoing
document was served on each attorney of record in accordance With the Texas Rules 0f Civil
Procedure.
By:
Brady D. Howell
I. DEFINITIONS
The following terms are defined and used in these Interrogatories as follows:
A. “PETITIONER” 0r “YOU” means and includes the TEXAS DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES (“CPS”), in this cause of action, and each 0f its
affiliates, predecessors, successors, employees, agents, representatives, investigators, consultants,
and all persons formerly holding such positions and all persons who have acted or purported t0 act
on behalf of Petitioner.
B. “RESPONDENT” means and her agents 0r representatives and all
persons formerly holding such positions and all persons who have acted or purported to act on
behalf of Respondent.
C. “CHILD” 0r “CHILDREN” mean and ,
the subjects 0f this suit.
D. “PERSON” means any individual, corporation, partnership, joint venture,
association, business, trust, municipality or any other organization or entity.
E. “DOCUMENT,” “DOCUMENTS” 0r “TANGIBLE THINGS” may be used in
their broadest sense and shall include all written, printed, typed, recorded or graphic matter of
every kind and description, both original and non—identical copies, and all attachments and
appendices thereto. Without limiting the foregoing, the terms document, documents, and
tangible things shall include all court records and pleadings, agreements, contracts, deeds,
deeds of trust, mortgage instruments, quotations, bids, communications, correspondence,
letters, telegrams, telexes, messages, memorandums, records, reports, accident reports, medical
logs or records, books, summaries, or other records 0f telephone conversations 0f interviews,
summaries or other records of telephone conversations of interview, summaries or other
Certificate of Written Discovery 15
records of negotiations, other summaries, diaries, diary entries, calendars, appointment books,
time records, instructions, work assignments, visitor records, forecasts, statistical data,
statistical statements, financial Statements, work sheets, work papers, drafts, graphs, maps,
charts, surveys, plats, Whether recorded or unrecorded, instruments filed for records, field
records, field notes, abstracts or ground drawings, renderings, diagrams, tables, accounts,
analytical records, consultants’ reports, appraisals, bulletins, brochures, pamphlets, circulars,
trade letters, press releases, notes, notices, marginal notations, notebooks, telephone bills or
records, bills, statements, records of obligation and expenditures, invoices, lists, journals
advertising, recommendations, files, print—outs, compilations, tabulations, purchase orders,
receipts, selling orders, confirmations, checks, canceled checks, letters of credit, envelopes or
folders 0r similar containers, vouchers, analysis, studies, surveys, transcripts of hearings,
transcripts of testimony may be used in their broadest sense and shall include all written,
printed, typed, recorded or graphic matter 0f every kind and description, both original and
non—identical copies, and all attachments and appendices thereto. Without limiting the
foregoing, the terms document, documents, and tangible things shall include allcourt records
and pleadings, agreements, contracts, deeds, deeds of trust, mortgage instruments, quotations,
bids, communications, correspondence, letters, telegrams, telexes, messages, memorandums,
records, reports, accident reports, medical logs 0r records, books, summaries, or other records
of telephone conversations of interviews, summaries 0r other records of telephone
conversations 0f interview, summaries 0r other records of negotiations, other summaries,
diaries, diary entries, calendars, appointment books, time records, instructions, work
assignments, Visitor records, forecasts, statistical data, statistical statements, financial
statements, work sheets, work papers, drafts, graphs, maps, charts, surveys, plats, Whether
recorded or unrecorded, instruments filed for records, field records, field notes, abstracts 0r
ground drawings, renderings, diagrams, tables, accounts, analytical records, consultants’
reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases,
notes, notices, marginal notations, notebooks, telephone bills 0r records, bills, statements,
records of obligation and expenditures, invoices, lists,journals advertising, recommendations,
files, print—outs, compilations, tabulations, purchase orders, receipts, selling orders,
confirmations, checks, canceled Checks, letters of credit, envelopes or folders or similar
containers, vouchers, analysis, studies, surveys, transcripts of hearings, transcripts 0f testimony
F. “IDENTIFY” means With respect to the following:
(1) INDIVIDUALS:
(a) The full name, current home and business address, and home and
business telephone number(s) of each individual;
Certificate 0f Written Discovery 16
Preview
FILED 9/21/2020 12:00AM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS DEPUTY Darling Tellez CAUSE NO. DC20—03959 DENLEY ANN BISHOP, § IN THE DISTRICT COURT OF P/czz'm‘zfi g vs. g DALLAS COUNTY, TEXAS BRADY HOWELL g Defendant, g 1 16th JUDICIAL DISTRICT ORIGINAL ANSWER Brady D. Howell, Defendant in the above styled and numbered cause, files his Original Answer, and for the same would show: 1. General Denial In accordance with Rule 92, Brady D. Howell, enters a general denial and denies each and every, all and singular, the allegations contained in Plaintist Original Petition, and demands strict proof thereof as required by the Texas Rules 0f Civil Procedure. THEREFORE, Brady D. Howell prays the Court, after notice and hearing 0r trial, enters judgment that Plaintiff take nothing, award Defendant the costs 0f court, attorneys’ fees, and that Defendant have such other and further relief to which they may be justly entitled. Respectfully submitted, /s/ Brady D. Howell BRADY D. HOWELL 5225 Valley Verde Lane #353 Dallas, Texas 75240 P. (940) 367-1031 F. (214) 699-2323 (fax) State Bar No. 24090917 bhowell@bdh-law.com Certificate 0f Written Discovery 1 CERTIFICATE OF SERVICE I certify that a true copy 0f the above was served on allattorneys 0r record and/or pro SC parties in accordance With the Texas Rules 0f Civil Procedure. /s/ Brady D. Howell BRADY D. HOWELL CAUSE NO. TX—07219 Certificate 0f Written Discovery 2 COOKE COUNTY et. aL, § IN THE DISTRICT COURT OF P/czim‘z'fif, g vs. g COOKE COUNTY, TEXAS JASPER L. ROBERTS g and ALICE M. ROBERTS § Defendants g 235TH JUDICIAL DISTRICT ATTORNEY AD LITEM’S DUE DILIGENCE AFFIDAVIT FOR DEFENDANTS JASPER L. ROBERTS & ALICE M. ROBERTS BEFORE ME, the undersigned notary public, on this day appeared Brady D. Howell, Who stated upon oath the following: My name is Brady D. Howell. I am over the age of 18 years and I am not disqualified from making this sworn statement. The statements herein are made on my personal knowledge and they are true. I am a licensed attorney, in good standing. Iwas appointed by the above referenced court to represent the interests ofjasper L. Roberts and Alice M. Roberts, who were Cited by posting 0r publication in the above captioned matter. I have exercised reasonable diligence in attempting to locate the parties for whom I was appointed t0 serve as attorney ad litem and my search has been unsuccessful, except as stated below. My search efforts were undertaken for the purpose of attempting t0 locate the named Defendants 0r, if they are no longer living, their lawful heirs and/or successors, and any person asserting an adverse claim t0 the real property that is the subject of the above captioned matter. My efforts included the following: 1) I have reviewed the title, person search and other file materials compiled by the attorneys for the Plaintiff taxing jurisdiction, and I have satisfied myself that the information contained therein did not reveal the whereabouts of the Defendants, or any successors in interest to them. 2) Itappears that the deed by which the defendants took title was dated , and that no taxes levied against the property have been paid in at least years. Certificate 0f Written Discovery 3 3) I have searched the on—line records of the Cooke County Appraisal District, and I have determined the following: a.) The Defendants are not listed as the owners 0f any other property on the tax rolls of Cooke County, Texas; and b) I have obtained the names and addresses 0f the owners 0f property adjacent to that Which is the subject of this suit. 4) I have searched the public record indices 0f the Cooke County Clerk’s office and determined that: a) Defendants are not shown as the owners of other property in Cooke County; b) Defendants are not shown as parties to other civil actions in Cooke County; and c) There is no record 0f any probate filings in the names 0f the Defendants in Cooke County. 5) It appears from my search 0f the social security death index that: a) Jasper L. Roberts died 0n in , Texas; and b) Alice M. Roberts died 0n in , Texas. 6) Ihave Visited the real property that is the subject of the pending suit, which is located at , , and the property is vacant. 7) I have attempted t0 speak to the occupants 0f adjacent properties, and I have been unsuccessful. 8) Ihave conducted searches 0f the following internet based directories and databases, and found information relating to persons Who may have a relationship t0 Defendants 0r who may have a possible interest in the property a. Internet search sites. Certificate 0f Written Discovery 9) Ihave sent letters to each individual Who I believe may be related to the Defendants or who may have an interest in the property, based on my investigation. The result of my mailings was: mail was returned unclaimed from addresses; no response was received from addresses, even though it appears my letters were delivered; and #people responded to my letters and advised me that they are no relation to defendants. 10) My internet search located telephone numbers for X persons Who may be related to Defendants or who may have an interest in the subject property. My attempts to reach people at those numbers resulted in conversations With X people claiming no knowledge of the Defendants, and Z n0 answers after repeated attempts. I believe, based on my search, that additional effort to locate the named Defendants and/or any living heirs or successors Will not be successful. Based on the above, I am satisfied that the Defendants, and any living successors t0 the Defendants, cannot be located. In the course 0f fulfilling my duties as attorney ad litem, I have devoted X hours of my time, all of Which hours were necessarily expended. My fee for legal services in matters such as this is $X, which is a reasonable hourly fee for attorneys of the qualification and experience who provided the services. A reasonable fee for the attorney ad litem services rendered in this matter is$X, taking into account the factors referenced by the Texas Supreme Court in An‘bm Andemofl 2’9? C0. v. Pem/ Eqm'p. Com, 945 S.W.2d 812 (TeX. 1997). In addition, I have incurred out 0f pocket expenses in the total amount 0f $}_{, Which were reasonably incurred in the course of my investigation. Further affiant sayeth naught. Defendants Jasper L. Roberts and Alice M. Roberts, whose whereabouts and location Certificate 0f Written Discovery 5 Cause No. IN THE INTEREST 0F § IN THE DISTRICT COURT 0F § B.J.R.,, § COOKE COUNTY, TEXAS § A CHILD § 235TH JUDICIAL DISTRICT RESPONDENT’S REQUEST FOR DISCLOSURE TO: Petitioner, Texas Department of Family and Protective Services, by and through their attorney of record,]ames D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 76011. Pursuant to Texas Rule 0f Civil Procedure 194, you are requested to disclose, within 30 days 0f the service 0f this request, the information or material described in Rule 194.2(a) — (1)- Respectfully submitted, Certificate 0f Written Discovery 6 LAW OFFICE OF BRADY D. HOWELL P.O. BOX 190249 Dallas, Texas 75219 P. (940) 367-1031 F. (214) 699—2323 (fax) By: Brady D. Howell State Bar N0. 24090917 Email: bhowelngbdh—lawxom ATTORNEY FOR RESPONDENT MOTHER CERTIFICATE OF SERVICE This is to certify that 011 this the 10th day 0f January, 2017, a copy 0f the foregoing document was served 0n the following persons Via email and facsimile: James D. Saint Thomas J. Holmes, III Email: james.saint@dfps.state.tx.us Email: T]Holrnes3@gmail.corn 1200 E. Copeland, Suite 400 Homes Law, PLLC Arlington, TX 76011 P.O. BOX 272746 817.792.44041 (phone) Houston, TX 77277 512.276.3500 (fax) 713.269.4071 (phone) 866.314.6756 (fax) ATTORNEY FOR PETITIONER DEPARTMENT 0F FAMILY AND ATTORNEY FOR RESPONDENT FATHER PROTECTIVE SERVICES ELLIOT PRESCOTT ROBERSON Thomas J. Holmes, III Casa 0f North Texas Email: T]Holmes3@gmail.com P.O. Box 272746 HOLMES Law, PLLC Gainesville, TX 76240 P.O. BOX 272746 940.665.2244 (phone) Houston, TX 77277 940.665.2422 (fax) 713.269.4071 (phone) 866.314.6756 (fax) GUARDIAN AD LITEM FOR THE CHILD ELLIOT PRESCOTT ROBERSON ATTORNEY AD LITEM FOR THE CHILD ELLIOT PRESCOTT ROBERSON By: Brady D. Howell State Bar No. 24090917 Email: bhowell§deh-law.com Certificate of Written Discovery 3. The diligence exerted by me consists 0f at least the following: Verified rendition ownership and address on Tax R011; Internet Phone Directories; Local 1411 Information; Lexis Nationwide Person Locator; Accurint Comprehensive Review; A11 Known Address—Local and National; State Driving Records; State Motor Vehicle Records; Statewide Voter Registration; County Civil Court Records-Local and Lexis; State Searchable Databases; Social Security Death Index; Cause No. IN THE INTEREST OF § IN THE DISTRICT COURT OF § B.J.R.,, § COOKE COUNTY, TEXAS Certificate 0f Written Discovery § A CHILD § 235TH JUDICIAL DISTRICT DEFENDANT’S ORIGINAL ANSWER Defendants, Yucca Assets, LLC, Chaparral Assets, LLC, and Manzanita Assets, LLC, file this Original Answer t0 Plaintiffs Original Petition and would show the Court the following: 1. Defendants, pursuant to Rule 92 of the Texas Rules of Civil Procedure, deny each and every, all and singular, the allegations in Plaintiff‘s Original Petition, and demand strictproof thereof. 2. Defendant(s) herein reserve the right to supplement itsanswere herein to bring such other claims and causes of action to Which itmay be entitled pursuant to the Rules of Procedure and equity, as appropriate. WHEREFORE, Defendants request judgment of the Court that Plaintiff take nothing by its suit; that Defendants be awarded their costs, attorney's fees; and for such other relief at law or in equity to which Defendants may themselves justly entitled. Respectfully submitted, LAW OFFICE OF BRADY D. HOWELL P.O. BOX 190249 Dallas, Texas 75219 P. (940) 367—1031 F. (214) 699—2323 (fax) By: Brady D. Howell State Bar No. 24090917 Email: bhowelngbdh—lawcom ATTORNEY FOR RESPONDENT MOTHER CERTIFICATE OF SERVICE Ihereby certify that a true and correct copy of the foregoing was forwarded to all parties and opposing counsel pursuant to Rule 21a 0f the Texas Rules of Civil Procedure, on this February _, 2017. ORIGINAL ANSWER OF ATTORNEY AD LITEM TO THE HONORABLE JUDGE OF SAID COURT: Certificate of Written Discovery 9 Brady D. Howell, Who has been appointed attorney ad litern by this court under Texas Rules of Civil Procedure Rule 244 to represent the interest of the Defendant(s) Jasper L. Roberts and Alice M. Roberts, and unknown heirs, successors and assigns unknown, unknown owners, and Whose whereabouts are unknown, for the purpose 0f representing their interest in this cause, files this Original Answer to the Plaintiff’s Petition and by way of answer shows: of record,]arnes D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 76011. Respondent, requests that Petitioner, The Texas Department of Family m , and Protective Services, produce for inspection and copying the items described below, at the time and place set out below: “TDFPS” means the Texas Department 0f Family and Protective Services. “Relating to” means in whole or in part constituting, containing, concerning, embodying, relating, analyzing, identifying, stating, referring to, dealing With, or in any way pertaining to. “Parties” means the Texas Department of Family and Protective Service and and the child, subject to this case. Instructions A11 information that is not privileged that isin the possession of Petitioner, his attorney, investigators, agents, consulting experts, as defined in the Texas Rules of Civil Procedure, employees, or other representatives of Petitioner is to be divulged. You must produce any document 0f which you have possession, custody, or control. Possession, custody, 0r control includes constructive possession such that you need not have actual physical possession. As long as you have a superior right t0 compel production from a third party (including an agency, authority, 0r representative), you have possession, custody, 0r control. The documents must either be produced as they are kept in the usual course 0f business or be organized and labeled to correspond with the categories in the request. Any and alldata or information which is in electronic or magnetic form should be produced in the following form: reduced to writing. Documents t0 Be Produced Certificate 0f Written Discovery 10 The documents set forth in Exhibit A, Which include any and all documents, things, and recordings that constitute, mention, or in any way, directly or indirectly, relate or refer t0 this request, are t0 be produced for inspection, examination, and copying within thirty days following service 0f this request at The Law Office of Brady D. Howell at 7333 Valley View Lane, Suite 306, Dallas, TX 75240. Respectfully submitted, LAW OFFICE OF BRADY D. HOWELL P.O. BOX 190249 Dallas, Texas 75219 P. (940) 367—1031 F. (214) 699-2323 (fax) By: Brady D. Howell State Bar N0. 24090917 Email: bhowell@bdh-law.com ATTORNEY FOR RESPONDENT MOTHER CERTIFICATE OF SERVICE This is to certify that 0n this the 10th day 0f January, 2017, a copy 0f the foregoing document was served 0n the following persons Via email and facsimile: By: Brady D. Howell State Bar N0. 24090917 Email: bhoweflngdh—lawcom Cause No. Certificate of Written Discovery 11 IN THE INTEREST OF § IN THE DISTRICT COURT OF § B.J.R.,, § COOKE COUNTY, TEXAS § A CHILD § 235TH JUDICIAL DISTRICT REQUEST FOR DISCLOSURE / RULE 194 REQUEST TO: Petitioner, The Texas Department of Family and Protective Services, by and through their attorney of record, James D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 7601 1. 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 0f the claims 0r defenses of TDFPS. (TDFPS need not marshal all evidence that may be offered at trial.) 4. State the names, addresses, and telephone numbers 0f persons having knowledge of relevant facts, and give a brief statement 0f each identified person's connection with the case. 5. 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 t0 the control of TDFPS, documents reflecting such information; d. if the expert is retained by, employed by, or otherwise subject to the control 0f TDFPS, produce the originals or copies of the following: i. all documents, tangible things, reports, models, 0r data compilations that have been provided t0, 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. 76011. Certificate 0f Written Discovery 12 6. Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules 0f Civil Procedure. Rule 192.3(h) provides as follows. Statements ofpemam witb Knowledge ofRe/emm‘ Facts. A party may obtain discovery or the statement 0f 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 0r approved in writing by the person making it, or (2) a stenogtaphic , mechanical, electrical, or other type of recording of a witness's oral statement, or any substantially verbatim transcription 0f such a recording. Notes taken during a conversation 0r interview with a witness is not a witness statement. Any person may obtain, upon written request, his 0r her own statement concerning the lawsuit, Which isin the possession, custody or control 0f any party. The disclosures must be signed in accordance with Texas Rules of Civil Procedure, Rule 191.3, and delivered to the undersigned attorney. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you are required to disclose Within 30 days of service of this request, the information or materials as set forth above. Respectfully submitted, LAW OFFICE 0F BRADY D. HOWELL P.O. Box 190249 Dallas, Texas 75219 P. (940) 367—1031 F. (214) 699—2323 (fax) By: Brady D. Howell State Bar N0. 24090917 Email: bhowelngbdh-law.com ATTORNEY FOR RESPONDENT CERTIFICATE OF SERVICE This is to certify that on this the 10th day ofjanuary, 2017, a copy of the foregoing document was served on each attorney of record in accordance with the Texas Rules 0f Civil Procedure. By: Brady D. Howell Cause No. Certificate of Written Discovery 13 IN THE INTEREST 0F § IN THE DISTRICT COURT 0F § B.J.R.,, § COOKE COUNTY, TEXAS § A CHILD § 235TH JUDICIAL DISTRICT RESPONDENT’S FIRST SET OF INTERROGATORIES TO PETITIONER TO: Petitioner, The Texas Department of Family and Protective Services, by and through their attorney of record, James D. Saint, 1200 E. Copeland, Suite 400, Arlington, TX 7601 1. , Respondent Mother, hereby serves upon Petitioner, Texas Department of Family and Protective Services (“CPS”) the following First Set 0f Interrogatories t0 Petitioner, pursuant to Rules 190 and 197 0f the Texas Rules of Civil Procedure, which, in compliance With such Rules, are directed to and shall be answered by Petitioner in complete detail and in writing each of the attached interrogatories, sign your answers to the interrogatories, swear t0 the truth of your answers before a notary public 0r other judicial officer as required by rules 191.3(a) and 197.2(d) 0r the Texas Rules 0f Civil Procedure, and deliver a complete, signed, and notarized copy of your answers to the undersigned attorney Within 30 days following service 0f this request. You are reminded that under the provisions 0f the Texas Rules of Civil Procedure, you are under a duty to reasonably amend your answers and responses if you obtain information upon the basis 0f Which (a) you know that the answers / responses are incorrect When made, or (b) you know that the answers / responses, though correct When made, are n0 longer true and the circumstances are such that failure to amend your answers is in substance a knowing concealment. 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. Respectfully submitted, LAW OFFICE 0F BRADY D. HOWELL P.O. Box 190249 Dallas, Texas 75219 P. (940) 367—1031 F. (214) 699-2323 (fax) By: Brady D. Howell Certificate 0f Written Discovery 14 State Bar No. 24090917 Email: bhowell§deh—1aw.com ATTORNEY FOR RESPONDENT CERTIFICATE OF SERVICE This is to certify that on this the 10th day ofjanuary, 2017, a copy of the foregoing document was served on each attorney of record in accordance With the Texas Rules 0f Civil Procedure. By: Brady D. Howell I. DEFINITIONS The following terms are defined and used in these Interrogatories as follows: A. “PETITIONER” 0r “YOU” means and includes the TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (“CPS”), in this cause of action, and each 0f its affiliates, predecessors, successors, employees, agents, representatives, investigators, consultants, and all persons formerly holding such positions and all persons who have acted or purported t0 act on behalf of Petitioner. B. “RESPONDENT” means and her agents 0r representatives and all persons formerly holding such positions and all persons who have acted or purported to act on behalf of Respondent. C. “CHILD” 0r “CHILDREN” mean and , the subjects 0f this suit. D. “PERSON” means any individual, corporation, partnership, joint venture, association, business, trust, municipality or any other organization or entity. E. “DOCUMENT,” “DOCUMENTS” 0r “TANGIBLE THINGS” may be used in their broadest sense and shall include all written, printed, typed, recorded or graphic matter of every kind and description, both original and non—identical copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms document, documents, and tangible things shall include all court records and pleadings, agreements, contracts, deeds, deeds of trust, mortgage instruments, quotations, bids, communications, correspondence, letters, telegrams, telexes, messages, memorandums, records, reports, accident reports, medical logs or records, books, summaries, or other records 0f telephone conversations 0f interviews, summaries or other records of telephone conversations of interview, summaries or other Certificate of Written Discovery 15 records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, visitor records, forecasts, statistical data, statistical statements, financial Statements, work sheets, work papers, drafts, graphs, maps, charts, surveys, plats, Whether recorded or unrecorded, instruments filed for records, field records, field notes, abstracts or ground drawings, renderings, diagrams, tables, accounts, analytical records, consultants’ reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases, notes, notices, marginal notations, notebooks, telephone bills or records, bills, statements, records of obligation and expenditures, invoices, lists, journals advertising, recommendations, files, print—outs, compilations, tabulations, purchase orders, receipts, selling orders, confirmations, checks, canceled checks, letters of credit, envelopes or folders 0r similar containers, vouchers, analysis, studies, surveys, transcripts of hearings, transcripts of testimony may be used in their broadest sense and shall include all written, printed, typed, recorded or graphic matter 0f every kind and description, both original and non—identical copies, and all attachments and appendices thereto. Without limiting the foregoing, the terms document, documents, and tangible things shall include allcourt records and pleadings, agreements, contracts, deeds, deeds of trust, mortgage instruments, quotations, bids, communications, correspondence, letters, telegrams, telexes, messages, memorandums, records, reports, accident reports, medical logs 0r records, books, summaries, or other records of telephone conversations of interviews, summaries 0r other records of telephone conversations 0f interview, summaries 0r other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, Visitor records, forecasts, statistical data, statistical statements, financial statements, work sheets, work papers, drafts, graphs, maps, charts, surveys, plats, Whether recorded or unrecorded, instruments filed for records, field records, field notes, abstracts 0r ground drawings, renderings, diagrams, tables, accounts, analytical records, consultants’ reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases, notes, notices, marginal notations, notebooks, telephone bills 0r records, bills, statements, records of obligation and expenditures, invoices, lists,journals advertising, recommendations, files, print—outs, compilations, tabulations, purchase orders, receipts, selling orders, confirmations, checks, canceled Checks, letters of credit, envelopes or folders or similar containers, vouchers, analysis, studies, surveys, transcripts of hearings, transcripts 0f testimony F. “IDENTIFY” means With respect to the following: (1) INDIVIDUALS: (a) The full name, current home and business address, and home and business telephone number(s) of each individual; Certificate 0f Written Discovery 16