John R. Soard v. Terry Thorn, Shelia Smith and Mary Page

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FILED IN COURT OF APPEALS jgth Court of Appeals District CASE NUMBER 12-14-00211-CV TRIAL COURT CASE NUMBER 3-4200 JOHN R. SOARD, PRO SE TWELFTH COURT Of ABKMgr' S. LUSK APPELLANT V. 1517 FRONT STREET, SUITE 354 SHEILA SMITH, B. JEFFERY DORAN, MARY PAGE AND TERRY THORN TYLER, TEXAS 75702 MOTION FOR TWELFTH COURT OF APPEALS ENFORCE ALL RULES AND PROCEDURES IN THE TEXAS RULES OF COURT TO THE HONORABLE JUDGES OF SAID COURT: Comes now John R. Soard, Appellant and will identify for the Court conduct where the Defendants, the Clerks, a Court Reporter, the attorneys and the acting Judges have refused to abide by many rules and procedures mandated by SECTION 9. TEXAS RULES OF PROFESSIONAL CONDUCT. The Appellant will also identify, with clear and convincing evidence, conduct of certain people that were in violation of Texas Extortion Laws, Texas Penal Code, Title 7, Chapter 31, and Texas Perjury Laws, Penal Code, Title 8, Chapter 37. EXTORTION. TEXAS PENAL CODE TITLE 7 CHAPTER 31 On or about May 12, 2011, Mary Soard told John Soard that Shelia Smith formed a group, Sheila Smith, B. Jeffery Doran and Mary Page, that conspired to disallow, as evidence, the AGREEMENT IN CONTEMPLATION OF MARRIAGE and to acquire part of John's property. The conspirators took this case from the docket of Judge Mark Calhoon, where it was set for complete resolution and immediately set a hearing by Doran. The case was still on Judge Calhoon's Docket after Doran held a hearing at about 4: 30 pm. The Conspirators, likely with the help of the clerk's office, doctored the Records sometime after May 18, 2011. Reporter's Record signed 7/15/2011 page 30. RR 7/15 pg. 30 The conspirators refused to allow John Soard time to hire an attorney. RR 7/15/2011, PG 5. During the hearing on May 18,2011, the conspirators acting through Conspirator, Judge Doran, in direct violation of the CONSTITUTION OF THE UNITED STATES OF AMERICA and in direct violation of the "AGREEMENT IN CONTEMPLATION OF MARRIAGE" ORDERED: John to vacate his personal residence at 2201 N. Jackson St in Palestine, TX since 1998 and give full and sole possession to Mary; Ordered John to pay most of Mary's expenses and pay her $750.00 monthly in support. Seized Court Control of John's Personal Management Accounts with absolutely no withdrawal of cash for any reason, without specific authorization by Doran, or Smith. Investments Value $1, 977,678.88, Cash $377, 564,14 CR pg. 112/114 THIS LEFTTHE ALLOCATIONS OF INCOME OF BOTH PARTIES, COMPUTED DIRECTLY FROM THE JUDGE'S ODER; JOHN HAD $37. /MO AND MARY HAD $2,528/MO. Clerks Record, page 81 Judge swore this was an equitable and necessary distribution! A complete copy of the "AGREEMENT IN CONTEMPLATION OF MARRIAGE" is shown in the Clerk's Record dated 8/6/2014. CR pg. 95-106. (CR pg. 95-106) Property list of John Soard, CR pg., 106. Property list of Mary Page CR pg. 105. No Spousal Support CR pg. 100 art 17 EXTORTION LETTER, DATED JUNE 30, 2011, SIGNED BY SHEILA SMITH (CR, pg. 81) STATED THAT IF JOHN WOULD GIVE HIS HOUSE AT 2201 NORTH JACKSON STREET TO MARY AND GIVE $10,000.00 OF HIS CASH, FOR THE JUDGE AND LAWYER, HE COULD HAVE CONTROL OF HIS REMAINING CASH AND SECURITIES AND QUIT PAYING MARY'S EXPENSES AND SPOUSAL SUPPORT. AFTER DORAN RESIGNED ABOUT SEPTEMBER 23, 2011, AND SHELIA SMITH TOLD JOHN THAT NEITHER THORN OR SMITH DID ANYTHING BECAUSE THEY DECIDED TO JUST NEGOIATE THIS CASE, JOHN COULD NOT LIVE ON $37.00 FOR ANOTHER MONTH SO HE WAS FORCED TO SIGN A DEED TO HIS PROPERTY AS A RESOLUTION TO THE EXTORTION BEFORE THE JUDGE EVEN ARRIVED FOR THE HEARING ON OCTOBER 17,2011! THIS IS NOT ONLY EXTORTION BUT SHOULD BE CLASSIFIED AS A FIRST DEGREE FELONY, PUNISHABLE BY FIVE TO NINETY-NINE YEARS IN PRISON THE COURT STATED John's Rights were not violated because, "Anything that either party owns any interest in or has any access to or any control of would be subject to it (Court Control)." Just above this statement The Court," whether ifs specified or not." Reporter's Record signed on 7/15/2011 pg. 10 Judge saying he had authority to ignore "Agreement in Contemplation of Marriage and Trust. THE CONSTITUTION OF THE UNITED STATES SAYS HE DOES NOT HAVE THAT AUTHORITY. PERJURY TEXAS PENAL CODE TITLE 8. CHAPTER 37 During the hearing the night of May 18, 2011, Mary Soard and Sheila Smith stated, after they were sworn, Mary Soard had approximately $1,500.00 per month coming in. RR pg. 17, Inl3 Mary actually had approximately $3,211.00 coming in or available. DETAILS ATTACHED AS EX II During the hearing on October 17, 2011, The Court finally allowed John to tell that Mary and Smith swore under oath that Mary had $1,500.00 coming in. She actually had much more than that! TEXAS PENAL CODE IDENTIFIES THIS AS PERJURY Jeffery Doran said he couldn't address perjury, unless it was in a proper motion and refused to accept supporting documents that John offered him. REPORTER'S RECORD SIGNED OCTOBER 31, 2011 PAGE 10 THROUGH 14 (ATTACHED AS EXHIBIT IV) CONDUCT BY COURT CLERKS AND ONE COURT REPORTER The Court Clerks and Misty McAdam's, Court Reporter, have refused to submit the files necessary to file a complete brief. The Appellant's Designation of Records necessary to file a Brief was filed on the Eighteenth of February, 2014. This document identified the records for all cases necessary to file the Appellant's Brief. Clerk's record, page 29. By letter dated July 28, 2014, the Appeals Court Clerk notified all Clerks and Reporters that records were due on May 19, 2014, but gave them a two month extension until August 7, 2014 to file the records. It was noted on 9/1/14, one volume of the clerk's record was filed, but only for Case #3-42003. All records filed before their consolidation into case #3-42003, were ignored. Court Reporter Waldrip also filed 3 volumes of her Reporter's Records. She cooperated with the Appellant to identify the missing parts and filed the Supplemental Record. This completed her duties in compliance with the TEXAS RULES OF COURT. Finally on November 24, 2014, McAdams filed her reporter's records for Case Number CCL-11-11178. McAdams promised she would provide a copy to the Appellant as soon as she got an e-mail address. She has ignored several notifications so the Appellant does not know if they the same two volumes furnished to him per his request at the end of each hearing were filed. Based on the one volume sent by the clerk, a charge of $3.10 is charged for each page. The only reason to refuse or delay sending the files is because someone from the Clerk's office assisted the judge and attorney in changing the cases from the Docket of Judge Mark Calhoon and any investigation would show this. Misty McAdams is the Official Reporter-Anderson County Court at Law; therefore she Is under direct control of B. Jeffery Doran. Although the Clerk had filed absolutely nothing on Cases 3-42005, 3-42004, 3-41396 And CCL-11-3178, THE DISTRICT CLERK SIGNED THAT ALL RECORDS WERE FILED. CR PG 124 By letter dated January 8, 2015, signed by Katrina McClenny, second page, "This Court Considers the appellate record in the above styled and numbered case to be complete." TEXAS CODE OF JUDICIAL CONDUCT CANNON 1; UPHOLDING THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY CANNON 3; PERFORMING THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY (8)" A judge shall accord every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard." Neither Judge allowed John Soard to be heard or accepted evidence from him. CONDUCT OF B. JEFFERY DORAN Mary Soard filed her petition for Divorce, Cause Number 3-41396, on March 11, 2011. This Cause was set for hearing on the docket of Judge Mark Calhoon, Third Court. The requested distribution for property was to be in accordance with "THE AGREEMENT IN CONTEMPLATION OF MARRIAGE" made, signed and notarized on January 15,1993. On or about May 11, 2011, Attorney Sheila Smith told Mary Soard that she knew a judge (later, identified as Jeffery Doran) that she could bribe. Mary would not have to abide by the "AGREEMENT IN CONTEMPLATION OF MARRIAGE she signed in 1993 and Smith would at least get John's house in Palestine and enough money from John's separately owned funds to pay fees and bribe the judge. On May 11, 2011, Smith filed a petition, cause number CCL-16-13178. The Cover letter of this Petition states that John had until June 6,1911 to retain a lawyer and file an answer. EX I On May 18, 2011, when Smith objected to hearing Cause No. 3-41396, the one ripe for hearing and Doran started on the one just filed. John immediately requested time to get and brief an attorney. Doran denied this request (RR 7/15/2011 PG 5&6), EX IV and issued a Temporary Order, based almost totally on lies by Mary Soard, instructed and coached by Smith, that left John $37.00 per month of his income, to live on and allowed Mary $2,528.00, including spousal Support of $750.00 per month that the Court ordered John to pay. Doran also ordered John out of his house that had been his permanent residence since about May 1998, and gave sole and complete possession of it to Mary. Doran signed the Order saying the distribution, ($37.00 to John and $2,528.00 to Mary plus John's house at 2201 N. Jackson St.) to Mary as equitable and necessary. (RR PG 81) Smith told Doran that John could live his property at Clarksville, AR, 350 miles away from the court with no funds to travel back andforth. Doran also ordered both Mary and John to prepare property lists and submit a copy to the Court and opposing party. John mailed his property list to his Attorney, Terry Thorn on or about June 6, 2011. John requested Mary's list from Smith on or about September 20, 2011, because Thorn hadn't. Smith said that Mary didn't prepare one because she and Terry Thorn agreed they would ignore the TEXAS RULES OF COURT IN THIS CASE AND JUST NEGOTIATE A RESOLUTION. THE RECORDS AND THORN'S TIME RECORDS SUPPORT SMITH'S STATEMENT. Although John had less than a weeks' notice, Doran refused to accept any evidence such as the "Agreement in Contemplation of Marriage" or the "Mary and John R. Soard Revocable Living Trust", both showing the distribution of property from John. John Sent his property list ordered by the Court to Terry Thorn hired to be his attorney. In reply Sheila Smith sent the extortion letter to John Soard, dated June 30, 2011 saying he could get money to live on by signing his house in Palestine to Mary and giving her $10,000. The Extortion letter went through Terry Thorn. Thorn said,, "John, you are going to have to pay spousal support until they get your house in Palestine no matter what you do." John couldn't understand why because he had an insurance check (paid to him as the sole owner) for damage done by Mary to his house as well as the cashier's check John used to purchase the house. CR PG 115 CONDUCT OF JOE CLAYTON, JUDGE REPLACING THE HONORABLE MARK CALHOON I don't know how Joe Clayton got on the case. After I was in Palestine for a hearing with Judge Mark Calhoon presiding, I was told by phone that the hearing had been cancelled. Joe Clayton appeared as judge at the next scheduled hearing. No reason was given for either of the above. During the hearing on January 9, 2014, Joe Clayton consolidated all Cases into Case No.3-4200, John R. Soard V. Terry Thorn alleging Legal Malpractice during the time he was retained to represent John Soard during, Mary Soard V. John R. Soard. Case No. 3-42003 was totally different from; NO 3-42004, John Soard V. Sheila Smith for Slander and Fraud; and Case No. 3-42005, John Soard V Sheila Smith, Jeffery Doran and Mary Page for Extortion. The Court refused to allow John Soard to present any evidence or his opinion. On page 5 Of the Supplemental Record submitted to The Court of Appeals by Susan A. Waldrip: Mr. Soard: "Your honor, does that mean I don't get to tell my opinion on why they shouldn't be consolidated?" The Court: "They all need to be together simply because there's too much overlap." (on page 9,line 20) Mr. Soard, "Your Honor, so I may be clear, you're going to try all the cases, by jury trial, on May 12 at 10 a.m.; is that correct? The Court: "This—I don't think this is a jury trial." Ms. Lenahan: "That's correct, Your Honor, it's not." Mr. Soard: "I requested a jury trial" Ms. Lenahan: "Your Honor, no jury fee has been paid." The Court: There hasn't been a jury fee paid, so it's not on th—" Mr. Soard, "And if I can—"I have it (holding up the cover letter to jury payment from Robert S. Davis on 10/11 In my hand." (EX I letter # 2) Supplemental record Reporter's pg. 9 & 10 The Court refused to accept the letter from me and sent me down stairs to pay the jury fee. I went downstairs to the District Clerk's office. I was gone quite a while because the clerk didn't know what to do since the jury fee had already been paid. Finally she gave me a print out showing the jury fee had been paid. The Court and Lenahan were not bothered by telling a lie in front of the other lawyers. They decided the Clerk would refund the fee that had been paid and sent John to pay it again! When John returned everyone was gone! (RR Supplemental Record Pg. 10) After John became aware from the Reporter, that as soon as John left the courtroom That Joe Clayton ordered her off the record I then received a copy of the letter from Elaine Lenahan, Thorn's attorney to the District Clerk saying, "at our last hearing in this case Judge Clayton advised that he is available to hear pretrial motions (Motions for Summary Judgment) on March 17,19 or 20." IT BECAME ABSOLUTELY CLEAR THAT THE JUDGE AND OOPOSING ATTORNEYS HAD NO INTENTIONS OF ALLOWING THESE CAUSES TO BE HEARD BY A JURY. THEY PLANNED THE LIE, "NO JURY FEE HAS BEEN PAID", TO GET JOHN SOARD OUT OF THE COURT ROOM SO THEY COULD COORDINATE "MOTIONS FOR SUMMARY JUDGMENT." THIS STATEMENT IS REINFORCED BY ALL SUMMARY JUDGMENTS BEING SUBMITTED UNDER ONE COVER LETTER. THE COURT; "FOR THE BENEFIT OF ALL OF Y'LL, I GOT HERE EARLIER THIS MORNING AND HAVE READ THE MOTIONS FOR JUMMARY JUDGMENT AND THE RESPONSES." RR VOLUME 3 OF 3 PG 9 LINE 14. IF THE COURT HAD READ EVERYTHING, WHY DIDN'T HE KNOW THAT FOR 98% OF THE TIME DURING THE PREVIOUS CASE, I HAD TERRY THORN FOR AN ATTORNEY? AND NOT LECTURE ME FOR HALF THE TIME THAT EVERYTHING HAPPENED DURING THIS CASE WAS BECAUSE I DIDN'T HAVE TERRY THORN AS MY ATTORNEY FOR THIS HEARING, The court refused to require MARY PAGE TO ANSWER INTERROGATORIES. CR PG 26 SUMMARY The trio seizing control of John Soard's property with a value of about $2,000,000.0 then telling him he can have most it back if he will give them $10,000.00 and sign a deed to his house at 2201 North Palestine, TX is a clear and definite case of extortion. John Soard could not get a fair trial, as demanded by the Constitution of the United States of America, because the Judge refused to accept any evidence and have meetings to discuss the case. Joe Clayton clearly was assigned to this case to uphold the extortion, uphold Terry Thorns' refusing to spend about 6 hours (CR PG 93 8i94) doing office work and a little research work and uphold Smith and Doran agreeing to ignore the TEXAS RULES OF COURT and just negotiate the Case. The Clerks, and one Reporter have deliberately delayed this appeal for almost a year. PRAYER JOHN R. SOARD, the Plaintiff, prays that the Twelfth Court of Appeal that the criminal Allegations for the proper Federal Officials for review and if appropriate for prosecution. The plaintiff prays that all cases will be returned to the lower court for a jury trial with all Parties being required to abide by the TEXAS RULES OF COURT. Respectfully Submitted, nu\ f/iohn R. Soard, Pro Se 38 Delsie Street Clarksville, Arkansas 72830 479-739-5512 EXHIBIT I LETTERS TRIAL COURT CLERK FAILED TO FILE LETTER 1 Cover letter John had until June 6, 2011 to answer LETTER 2 Cover letter for jury fee paid October 11, 2013 LETTER 3 Cover letter showing discussion of summary jdgments LETTER 4 Cover letter for all summary judgments NOTICE OF SETTING FOR JURY TRIAL ON MAY 12, 2014 JUDGE MARK CALHOON CITATION - personal service -TRC99 6km/p- CauseNo. CCL-11-13178 WME MATTER OF § COUNTY COURT AT LAW HE MARRIAGE OF § 1ARY ELLEN SOARD § OF JMD § OHN ROBERT SOARD § ANDERSON COUNTY, TEXAS O: JOHN ROBERT SOARD 2201 N. JACKSON PALESTINE, TEXAS 75803 )efendant- GREETING IOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorney lo not file a written answer with the clerk who issued this citation by 10:00 am on the Monday next allowing the expiration of 20 days after the date you were served this citation and petition, a default jdgment may be taken against you." 'ou are hereby commanded to appear by filing a written answer to the PETITIONER'S FIRST AMENDED 'ETITION FOR DIVORCE at or before 10:00 o'clock A.M. on the Monday next after the expiration of 20 days ifter the date of service of this citation before the Honorable B. Jeffrey Doran, County Court at Law of vnderson County, at the Courthouse in said County in Palestine, Texas. Said Plaintiffs Petition was filed in Jfccourt on the 11th day ofMay, 2011 in the above entitled cause. 'he nature of Plaintiffs demand is fully shown by a true and correct copy of Plaintiffs Petition accompanying lis citation and made a part hereof. ssued and given under my hand and seal of said Court at PALESTINE, Texas this 11th day of May, 2011. JANICE STAPLES 500 NORTH CHURCH STREET-ROOM 18 PALESTINE, TEXAS 75801 ANDERSON County, Texas, 2 Bv C_yjAX fww Grrb^O Teresia Coker, Deputy Clerk vttorney for Plaintiff or Plaintiff: Sheila Smith >0 Box 10 :rankstonTX 75763 Enclosure 3 Thompson Coe Attorneys and Counselors Thompson, Coe, Cousins & Irons, L.L.P. Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832 (214) 871-8200 | Fax: (214) 871-8209 Elaine T. Lenahan Austin Direct Dial: (214)871-8221 Dallas elenahan@thompsoncoe.com Houston Los Angeles Saint Paul February 21,2014 Ms. Janice Staples District Clerk, Anderson County 500 N. Church St. Palestine, Texas 75801 Re: Cause No. 3-42003; John R. Soard v. Terry Thorn, Sheila Smith andMary Page; Inthe 3rd Judicial District Court ofAnderson County, Texas. Dear Ms. Staples: Enclosed, for filing in the above-referenced matter, are the original and one copy of Defendant Terry Thorn's Motion for Summary Judgment. Please file-stamp the copy of the Motion with the date of your receipt and file the original among the other papers in this matter. At our last hearing in this case, Judge Clayton advised that he is available to hear pre-trial motions in this case on March 17, 19 or 20. We respectfully request that this motion be set for hearing on Thursday, March 20, 2014 at a time available on Judge Clayton's docket. Please complete the FIAT and return it to our office so that I may provide requisite notice of the hearing to all parties. Please returna file-marked copy of the motion in the enclosed envelope. Thank you in advance for your assistance in this matter. Please give me a call if you have any questions. Sincerely, Elaine T. Lenahan ETLyamy Enclosures l??4Ji6.v; 03217.042 Thompson C°e Attorneys and Counselors Thompson, Coe, Cousins & Irons, l.l.p. Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832 (214) 871-8200 | Fax: (214) 871-8209 Elaine T. Lenahan Austin Direct Dial: (214)871-8221 Dallas elenahan@thompsoncoe.com Houston Los Angeles Saint Paul February 25, 2014 Via Federal Express John R. Soard Plaintiff Pro Se 38 Delsie St. Clarksville, AR 72830 Re: Cause No. 3-42003; John R. Soard v. Terry Thorn, Sheila Smith and Mary Page; In the 3,rd Judicial District Court of Anderson County, Texas. NOTICE OF HEARING Dear Mr. Soard: Please be advised that the following have all been scheduled for hearing before Judge Clayton in the 3rd Judicial District Court, Anderson County, Texas on Thursday, March 20, 2014 at 10:00 a.m.: (1) Defendant Terry Thorn's Motion for Summary Judgment; (2) Defendant Sheila Smith's Motion for Summary Judgment; and, (3) Defendant Mary Page's Motionfor Summary Judgment. Sincerely, *4JAl Elaine T/Lenahai ETL:jam 1976105.vl 09217.042 FLOWERS* DAVIS, P.L.L.C. Celiac. Flowers 1021ESE Loop 323, Suite 200 Roberts. Davis Chad C.Rook caren c. courtney Tyler, Texas 75701 David R. Iglesias Julie P. Wright Michael W. Janecek Main Telephone (903) 534-8063 Lee 1. Correa JaneW.Janecek Facsimile (903) 534-1650 Thomas H. Buchanan www.flqwersdav1s.com J. Mitchell Beard Melanie Reyes Preston W.McGee Alan W. Tomme J. Scott Miller Longview Office: Stuart R.Hene 1516JudsonRoad Steven M. Mason Eric C. Schmalbach Longview, Texas 75601 Immigration: Morgan M.Elliott Telephone: (903) 757-8811 Virginia D.Young Natasha L. Gransberry Facsimile: (903) 757-8821 Donald Ross Patterson, Of Counsel Catherine A. Chesley Telephone: (903) 592-8186 Dallas Office: W. Robert Knight, Jr. A. D. (Dean) Chapman, Of Counsel Bank of America Building 400 South Zang Blvd., Ste 1400 Dallas, Texas 75208-6648 Telephone: (214) 843-5777 October 11, 2013 Via Regular Mail Janice Sts. Anderson County District Clerk 500 N. Church sLlRm 18 Palestine, Texas 7S801 RE: Civil Action No. 3-42005; John R. Soard v. Shelia Smith, Judge B. Jeffery Doran, and Mary Page; In theThird Judicial District Court, Anderson County, Texas Dear Ms. Staples: Enclosed please find a check in the amount of $30.00 in payment for the jury fee in the above-referenced matter. If you have any questions, please do not hesitate to call. Very truly yours, Robert S. Davis RSD/TMG/rlo cc: John Soard (via CM/RRR: 7011 0470 0002 3533 3928) Shelia J. Smith (via regular mail) Mary Page (via regular mail) JOHN ROBERT SOARD 38 DELSEY CLARKSVILLE AR 72830 ANDERSON COUNTY DISTRICT COURT 500 N. Church Street, Palestine, TX 75801 JUDGE Mark Calhoon NOTICE OF SETTING JOHN ROBERT SOARD 38 DELSEY CLARKSVILLE AR 72830 IN RE: CAUSE NO: 3-42003 DATE: January 14, 2014 JOHN SOARD vs. TERRY THORN,SHEILA SMITH,PAGE MARY TAKE NOTICE that theabove style and numbered cause has been set for JURY TRIAL on the 12th day ofMay, 2014 at 8:30 AM, IN THE ANDERSON COUNTY COURTHOUSE, PALESTINE, TEXAS. Janice Staples District Clerk, Anderson County CC: Page Mary; Sheila Smith; Elaine T Lenahan By: <&u !A*~»**~t>f *It?&~*^ EXHIBIT 11 MARY PAGE'S ACTUAL INCOME MARY SOARD & SHEILA SMITH'S PERJURY ON MARY'S INCOME Sheila Smith & Mary Page STATED under Oath (page 17 of RR) Mary had actual income of $1,500 Listed items add to $1,778 understated 278 Social Security IS $10,968 per year so understated (per month) 106 Items deliberately omitted Rent Lemay, Houston 250 Rent Acknowledged by Sheila Smith 350 Dividends, $2,486 Interest $1,141 (Notel) 302 Individual Retirement Account ( Note 2) 425 Subtotal (Actual Income per Month ) $3,211 SHEILA SMITH AND MARY PAGE COMMITTED PERJURY BY DELIBERATELY UNDERSTATING MARY'S INCOME AT LEAST $1,711 PER MONTH! B. Jeffery Doran refused to correct any of the perjury, not even to correct the addition. He said, according to the rules governing him, he could report a crime such as perjury only if he had a formal request.(Page 14 final hearing signed October 31, 2011.) Note 1: On page 18 of the Reporter's Record signed July 15, 2011, Sheila Smith told Mary to agree to leave income from her securities deposited in her account (so she could replace it with Spousal support) ON PAGE 11 OF RECORD, COURT & SMITH BOTH AGREED THIS WOULD BE IMPROPER. MARY SHOULD BE REQUIRED TO SPEND HER INCOME BEFORE SHE IS PAID SPOUSAL SUPPORT FOR ANY REASON. The amount shown is net because John Soard paid all income tax and insurance from his individual accounts. Note 2: MARY was 70 34 years OLD so she was REQUIRED TO START WITHDRAWING HER IRA DURING 2011.. THIS WOULD BE ABOUT AN ADDITIONAL $425 Per MONTH; HOWEVER, MARY'S IRA ACCOUNT WAS NOT INCLUDED IN THE FINAL DIVORCE SO SHE MAY HAVE WITHDREW IT ALL, APPROXIELY $100,000.00, DURING THE PERIOD FROM MAY 18, 2011 THROUGH THE FINAL DIVORCE. OR SMITH MAY HAVE LEFT IT COMPLETELY OUT BECAUSE SHE THOUGHT IT WOULD BE SUSPECT TO PUT IN AS COMMUNITY PROPERTY ORDERED TO MARY! EVIDENCE MARY WAS FORCED INTO PERJURY DURING HEARING Page 17, Reporter's Record, signed July 15, 2011: Ms. Smith Q. Okay. " You have got approximately $1,500 coming in; is that correct?" Mary A. "I haven't added it, but if you say so." Q. " Well, we added it in my office, didn't we" A. "Yeah." Q. "So are you asking this Court, just while the temporary is going on, for Mr. Soard to pay you 750 a month spousal support? A. Mary, knowing she had signed the "Agreement in Contemplation of Marriage" stating, "Neither party will ask for or receive spousal support during or after this marriage." didn't answer Ms. Smith screamed at her, "Say yes, you know this is going to aggravate him." Mary A. "Right." """>^ FORM SSA-1699 - SOCIAL SECURITY BENEFIT STATEMENT 010- ^S^^^^^ Box 1. Name Box 2. Beneficiary's Social Security Nuff MARY P SOARD XXX-XX-XXXX * Box3. Benefits Paid in 2010 Box 4. Benefits Repaid to SSA in2010 BoxS. NetBenefits for 2010 (Box 3minus $10,806.00 NONE xS> $10,806.00 ^ DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4 Paidbycheck or direct deposit $9,648.00 NONE Medicare Part B premiums deducted from your benefits $1,158.00 Total Additions $10,806.00 Benefits «-*•-«»11\ #A Box 6. Voluntary Federal Income Tax Withheld NONE .10s806« 'lo/* /wh^wV 107-5 % Box 7. Address 70>968«Q9 * MARY P SOARD 10,968.09 2201 N JACKSON MtnOCb PALESTINE TX 75803-6613 914-0075 Box 8. Claim Number (Use this number Ifyou need to contact SSA.) 449-82-5774A «-orm SSA-iese-SSI H-2011} DONOT fSTURM TWS FOR8?TO SSA ORIRS" PRESORTED SOCIAL SECURITY ADMINISTRATION C FIRST-CUSS MAIL MID-AMERICA PROGRAM SERVICE CENTER M13 POSTAGEANDFEES PAID 601 EAST 12ra ST 1 SOCIAL SECURITY KANSAS CITYMO 64106-2859 ADMINISTRATION PERMIT NO. G-11 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 Form 1099 with Account Summary Retain for your Records lf*f~ Page l Date Prepared: January 25,2011 Recipient's Name and Address :0I I0126-0:::$-« „ TX 77706 interest Income C-7200 EXT. 4325 Form 1099-INT Copy B For Recipient For year 2010 Mary Page Soard Recipient's 2201 N Jackson Palestine TX 75803 Tax I.D. No. XXX-XX-XXXX Federal Tax interest Interest P*^5 • Withheld income Bonds & Treas * Account information^ ^ 57.99 1503715 S 57.99 • • " Tr\t erest incotti© OX 1 OX 2 Bariy withdrawal penalty ^ ^ — — as obligations. OX OX 3 4 ^SfiSo^tJ^eld. ..•••; investment expenses OX 5 OX 6 Foreign Tax paid • • • • ossession . . • OX 7 Foreign country or u.fa. ox nv 8 9 Tax-exempt private int!J!S^;tivity bond'interest .• OX 9 specified Specineu v——- activity usip (see instrUctions ) OX 10 Tax-exempt bona w»« Ms is instant t~ infection and is^ furnished to „ the vernal Revenue Servxce.^ ^tion negligence.penalty or^tn maybe xmposed - ^ ^ determines his income xs taxacxe «» SpTKwSi RECORDS., v \ • charles schwab ,. .^ ^Statement Period ^zMJ^m»»n j'w ^ <>* sfO^j^ -», Summary for Enclosed Statements V • 31/12-CTCN4702-001076-MED-75801281900 105663 *3 MARY E PAGE 2201 N JACKSON PALESTINE TX 75801-2819 2 Statements Enclosed Name on Account Account #•'•'• •.:' Account Type Starting Value Ending Value 1 MARY E PAGE 89,708.06 92,193.92 6878-0261 Rollover IRA 2 MARY E PAGE 103,492.61 102,950.75 6878-0265 Schwab One Account Total $193,200.67 $195,144.67 O O O O O ^1 O) o o CO Page 1 of 1 This Summary maynotinclude allotyouraccountsat Schwaband is inlormational only. See the enclosedIndividual accountstatementsand their Terms and Conditions. CTCN4702-001076 105663 :-.,».•• ••'""" '•''-i'\ : ' •••'•': "•' S\^ "' :• ' ' '''••; :• • •'. •''•*'?$.<• -."'^^•••'•'•''••'•.'.t ©2008 Charles SchwabS Co., Inc. All rights reserved. Member SIPC. (0004-12863; 2002-240) STP25264fti-0t v, ,'. "T'f'-[- ^A?/'*''.;••- *.. .'A .'•&$' •iiV,' :^;; V,.:"A*;.;,;.-,,' •'./ • A^:4v AA.;fV A sipc EXHIBIT CONSTITUTION OF THE UNITED STATES OF AMERICA WITH RIGHTS OF JOHN R. SOARD VIOLATED BY B. JEFFERY DORAN THE CONSTITUTION OF THE UNITED STATES ARTICLE VI " and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution; THE FIRST TEN AMENDMENTS IS KNOWN AS THE "BILL OF RIGHTS" RIGHTS OF JOHN R. SOARD VIOLATED BY B. JEFFERY DORAN, the Judge who stole Case No.3-41396 already "ripe" for hearing on Judge Mark Calhoon's Docket for hearing on the "Agreement in Contemplation of Marriage". Mary Page Soard and Sheila Smith, were Co-conspirators with Doran to extort property from John R. Soard. Amendment Violation and Source location Violated IV Seized control of property individually and solely owned by John R. Soard Real Property- All Property located at 2201 N. Jackson Street, Palestine, TX lnvestments-$l,977,676.88 -Solely and separately by John Soard since 1984 Evidence -Page 111 and 115 of Clerk's Record VI Refused to have hearing on May 18, 2011 concerning Original Petition for Divorce was filed on March 11, 2011,( 67 days ago, Doran acknowledged ripe for hearing) Doran did not require Mary Soard to provide a copy of the "AGREEMENT in CONTEMPLATION OF MARRIAGE" to identify Mary's separately owned property and refused to accept a copy of the "AGREEMENT" from John Soard as evidence for the solely owned propertyof John R. Soard on June 15,1993. Evidence- "AGREEMENT" page 95 through 106 of CLERK'S RECORD Violations Reporter's Record Dated July 15 2011 for hearing on May 18, 2011 VI The Court denied John Soard the right to a lawyer when he requested one after the Court refused to hear the Petition filed on March 11, 2011, the only one ripe for hearing. Several minutes of the discussions concerning why the petition was not heard were omitted from the Reporter's Record. On another time when discussions were omitted, the Reporter said the Judge told her to go off the record. I assume that is what happened here. Evidence: Asked for time to get a lawyer Page 5 of Reporter's Record dated July 15, 2011 Judge refused by turning hearing over to Ms. Smith on Page 6 VIII The Court in essence required John Soard to post bail of $377,564 when he seized this amount of cash from John Soard and denied him access to it for any reason without the consent of the Court. Later delegated this authority of Court to Attorney Smith Evidence: Reporter's Record Dated July 15, 2011 VIII Cruel and unusual punishment was inflicted on John Soard when the Court ordered him to live on $37.00 per month while denying him access to $377,564 of his separate owned cash. Terry Thorn implied he had gotten permission to not pay the $750.00 per month spousal support ordered by the Court. Therefore, John Soard had $787.00 per month until Thorn resigned. Even with $787.00 per month John Soard was unable to pay his monthly dues on a vacation plan and a Thousand Trails membership therefore lost these. He was unable to buy his medicines that the doctors said he needed. Apparently this was only an agreement by the attorneys because Ms. Smith filed contempt of Court against John Soard for spousal support, 2 days before Thorn resigned and received by John Soard about 12 days after he resigned. Evidence: Reporter's Record dated July 15, 2011 Doran finally listened to evidence that income of Mary Soard was understated several thousand dollars while under oath (perjury) but still ordered $3,000 payment. B. Jeffery Doran said a formal motion had to be presented to him for his to consider perjury! Evidence: Reporter's Record dated October 31, 2011. ACCORDING TO SECTION VI TO THE CONSTITION OF THE UNITED STATES OF AMERICA; EACH AND EVERY JUDGE AND EXECUTIVE OFFICER OF TEXAS THAT HAS REFUSED TO ENFORCE THE COMPLIANCE WITH THE BILL OF RIGHTS OF THE CONSTITUTION ARE IN VIOLATION OF THE CONSTISTSUTION OF THE UNITED STATES OF AMERICA. B. Jeffery Doran stated he was not obligated to abide by the Constitution of the United States of America or any agreement for the parties for the next couple of months as the statutory period is running. (Page 10 of RR dated 15 day of July, 2011.) Letters are attached showing agreement with Doran," A Texas Judge or State Executives is not required to abide by or enforce THE CONSTITUTION OF THE UINITED STATES." The Governor of Texas The attorney General of Texas The Board of Disciplinary Appeals State Commission on Judicial Conduct ARTICLE VI, OF THE CONSTITUTION SAYS, "THEY SHALL BE BOUND BY OATH OR AFFIRMATION TO SUPPORT THE CONSTITUTION OF THE UNITED STATES EXHIBIT IV PAGES FROM REPORTER'S RECORD REFERENCED IN LETTER 1 REPORTER'S RECORD VOLUME 1 OF 1 VOLUME 2 TRIAL COURT CAUSE NO. CCL-11-13178 3 IN THE MATTER OF THE IN THE COUNTY COURT 4 MARRIAGE OF AT LAW 5 MARY ELLEN SOARD AND 6 JOHN ROBERT SOARD ANDERSON COUNTY, TEXAS 7 8 9 .0 ORIGINAL i .2 .3 TEMPORARY HEARING 4 .5 .6 7 8 .9 '0 On the 18th day of May, 2011, the following '1 proceedings came on to be heard in the above-entitled and \2 numbered cause before the Honorable Jeff Doran, Judge 12 3 presiding, held in Palestine, Texas: 24 Proceedings reported by machine shorthand. 12 5 Misty McAdams, CSR Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine. TX 7fiftni 1 evidence and procedure — 2 MR. SOARD: If this is the to discuss the 3 validity, I'm prepared to. 4 THE COURT: I'm not sure what that refers to, 5 but I want you to know that I have to hold you to the same 6 standard — 7 MR. SOARD: Okay. I guess what I'm saying 8 THE COURT No, sir. Stop, please. 9 MR. SOARD Okay. 10 THE COURT The way we work here is that I 11 tell people when they can talk. When it's your turn, I'll 12 let you know. I'm trying to explain something to you 13 that's important that you understand. The rules that 14 govern my conduct require me to hold you to the same 15 standard of the knowledge of the rules of evidence and 16 procedure and substantive law that I do the attorneys, and 17 it's not likely you are going to know any of those things, 18 and that's going to create a serious disadvantage for you. 19 Do you understand that? 20 MR. SOARD: I understand that. 21 THE COURT: Understanding that, do you still 22 want to proceed today and represent yourself? £. A MR. SOARD: It would depend on whether I could put it off in time to attempt to find an attorney. THE COURT: Let's wait just a minute. So Misty McAdams, C8R Official Reporter- Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 1 what are you asking for? 2 MS. SMITH: Shall I tell the Court what we're 3 asking for today, so he can hear what we're asking for? 4 THE COURT: Sure, uh-huh. 5 MS. SMITH: Basically, Your Honor, this 6 couple has been married a good while. I believe this 7 gentleman owns several houses, and she has been residing 8 in the house in Palestine. We'll show in the last months, 9 he would make a visit or two down here to go to the 10 doctor. 11 We're just asking that she be given exclusive 12 possession, just temporarily, not awarded in any way, of 13 the 2201 North Jackson with the contents and her '09 14 Chrysler; and he be given exclusive possession of all the 15 other residences, especially 38 Delsey, where he resides, 16 his '09 Pontiac, his Saturn, his diesel Ford, his RV, and 17 she's agreed he could have a desk, a computer desk, and a 18 chair. 19 We're asking him to keep her on the health 20 insurance, enter a mutual injunction on freezing all 21 monies and funds, and set up that we have an inventory and 22 appraisement, and all the discovery that he would like to do. So just kind of freeze things at the time and keep 24 the status quo. MR. SOARD: The primary thing I would Misty McAdams, C8R Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine. TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 10 1 and that rent goes into an account that's in her name. 2 MR. SOARD: Yes, but I think because the 3 property would be a joint property, it's funded by joint 4 property, then the account becomes joint. 5 THE COURT: Well, here is the — the Court's 6 position, and that is everything that either party has any 7 interest or access to would be subject to the injunctive 8 relief, whether it's specified or not, and part of the 9 process over the next couple of months as the statutory 10 period is running, will be to figure out what those are. 11 MR. SOARD: This account would be frozen 12 automatically? 13 THE COURT: It would be included. Anything 14 that either party owns any interest in or has any access 15 to or any control of would be subject to it. 16 MS. SMITH: She's showing me a bill, Your 17 Honor, that they have gotten to fix the roof of the house 18 she lives — 19 MR. SOARD: Estimate. 20 MS. SMITH: Estimate of the house. She's 21 here. I believe you are aware of this, that there's roof 22 problems. What other account were you speaking of? 23 MR. SOARD: Well, it's an account that was my 24 account and, oh, probably a year and a half ago I sold a Toyota Prius here in Palestine and because of that money I Misty McAdams, CQR Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 12 1 negotiation that the stock market can probably get real 2 wild. 3 MS. SMITH: The only other issue we have, 4 Your Honor, is her income runs about 1500, and I believe 5 his income is maybe quadruple that. We were asking for 6 750 in spousal support just during this temporary. 7 MR. SOARD: I would object because I think 8 that's, again, contradictive to the premutually agreement''' 9 that Mary readily signed in order to get me to marry her 10 so she could get on my insurance. We actually lived 11 together about a year before this premutual agreement was 12 signed, but if I have to pay her $750 a month, because she 13 can't make a living for herself, she sold much of her 14 property and I have no idea where the money is, whether 15 she reinvested it or what. 16 THE COURT: Well, at this point I'm really 17 not taking evidence because no one is under oath, but if 18 there is an agreement, I'll consider approving the 19 agreement. If there's not an agreement, we'll have a 20 hearing and I'll take evidence on it. 21 MS. SMITH: We're asking if you will agree 22 that she have exclusive possession of the property here, 23 that means you can't come and go or take anything out. 24 MR. SOARD: Okay. I think — I do have to 13 come down here very often to go to the doctor. I have got Misty McAdams, C8R Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us V 1 A. $804, I believe it is. ~ ~~ " 2 Q. Okay. And then you get — you have a note coming 3 in on a property in Houston that's how much? 4 A. 548. That's almost over. 5 Q. Okay. That's — but it's — 6 A. I owner-financed my home. 7 Q. And then you have got two little amounts that come 8 in? 9 A. Right. I have two little pensions; one for 154 10 and one for 172. 11 Q. Okay. 12 A. $100.72. 13 Q. Okay. You have got approximately $1,500 coming 14 in; is that correct? 15 A. Yes. 16 Q. Is that correct? 17 A. I haven't added it, but if you say so. 18 Q. Well, we added at in my office, didn't we? 19 A. Yeah. 20 Q. So when you pay the electric, the water, your food 21 and everything here, that doesn't quite stretch with 22 today's gas, does it? 23 A. Well, not — no. 24 Q. So are you asking this Court, just while the 25 temporary is going on, for Mr. Soard to pay you 750 a Misty McAdams, C8R Official Reporter -Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 30 1 with him staying tonight, because it's a long way back to 2 Arkansas in the morning. 3 THE COURT: And I'll — just in terms of 4 reaching the final hearing on this quickly, the — that 5 is — well, it's going to be — it is ripe for hearing • 6 now, isn't it? It's been 60 days. 7 MS. SMITH: I don't know when she filed this 8 pro se, Your Honor, but we have ggt to do discovery. This 9 is an uninformed spouse. 10 THE COURT: I understand that. There were 11 actually two? .. 12 MS. SMITH: She filed pro se. 13 THE COURT: They were both filed the same day 14 in March, March 11th. 15 MS. SMITH: What do you mean two? 16 THE COURT: There's one that's filed in the 17 3rd and one that's filed in CCL. 18 MS. SMITH: They — they made a mistake and 19 they took that one in the 3rd off. 20 THE COURT: Yeah, that's — I have got both 21 docket sheets. 22 MS. SMITH: Okay. How strange. 23 THE COURT: But let me just explain so the 24 parties know this. The sooner you get the information 25 exchanged and the discovery is complete, the more you are Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us 33 I|THE STATE OF TEXAS f COUNTY OF ANDERSON ) 3 4 I, Misty McAdams, Official Court Reporter in 5 and for the County Court at Law of Anderson County, State 5 of Texas, do hereby certify that the above and foregoing 7 contains a true and correct transcription of the requested 3 portion of evidence and other proceedings requested by 9 counsel for the parties to be included in this volume of 3 the Reporter's Record, in the above-styled and numbered cause, all of which occurred in open court or in chambers and were reported by me. I 3 I further certify that this Reporter's Record 4 of the proceedings truly and correctly reflects the 5 exhibits, if any, admitted by the respective parties. o I further certify that the total cost for the 7 preparation of the Reporter's Record is $ \^\ ,°° and will 3 be Paid bY A\r\.tyhlJL/7XYiMf{. 9 WITNESS MY OFFICIAL HAND this the _[f)_ day of 0 July, 2011. j .j, )jC. ( 1 #V682 2 Expiration Date: 12.31.12 Official Court Reporter County Court At Law 3 Anderson County, Texas 500 North Church #11 q Palestine, Texas 75801 903.723.7469 5 Misty McAdams, C8R Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine,TX 75801 903.723.7469 * mmcadams@co.andersorutx.us '• REPORTER'S RECORD VOLUME i OF 1 VOLUMk TRIAL COURT CAUSE NO. CCL-11-13178 IN THE MATTER OF THE IN THE COUNTY COURT MARRIAGE OF AT LAW MARY ELLEN SOARD AND JOHN ROBERT SOARD ANDERSON COUNTY, TEXAS \ FINAL HEARING & HEARING ON MOTION FOR ENFORCEMENT & ORDER TO APPEAR ORIGINAL On the 17th day of October, 2011, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable Jeff Doran, Judge presiding, held in Palestine,, Texas: Proceedings reported by machine shorthand. Misty McAdams. C8R Official Reporter - Anderson County Court At Law mn North Church Street #11 Palestine. TX 75801 10 _1through the Court for proof, and I didn't know if this was ',\supposed to do that or what. And he said, Just wait until i \\ the report was signed, and it should say. i; But on May 31st, I went ahead and wrote the : 'check, sent it to Mr. Thorn, and told him it would be in t:Palestine whenever he finds out something, that Mary could i, T*pick it up there. And then a little bit later on, I told i ;£ Paid by ,AJjV •QflfUu- Vf\)(k}\ I 9 WITNESS MY OFFICIAL HAND this the ^f day of 0 October, 2011 Y C A MISTY \Mc •hiS', ;Texas CSR #5682 Expiration Date: 12.31.12 Official Court Reporter County Court At Law Anderson County, Texas 500 North Church #11 Palestine, Texas 75801 903.723.7469 Misty McAdams, C8R Official Reporter - Anderson County Court At Law 500 North Church Street #11 Palestine, TX 75801 903.723.7469 * mmcadams@co.anderson.tx.us CERTIFICATE OF SERVICE I certify that a true and correct copy was sent to all atttorneys of record by certified mail, Return Recept Requested on March 18, 2015. Mr. Michael A. Yanof,700 North Pearl Street, Suite 2500, Dallas, TX75201 Mary Page, 2201 North Jackson Street, Palestine, TX 75803 Sheila Smith, P. O. Box 10, Frankston, TX 75763 Mr. Terrance Gorman, 1021 ESE Loop 323, Sui onn R. Soard