in the Matter of C. P.

ACCEPTED
03-15-00276-CV
8121343
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/7/2015 3:29:57 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00276-CV

_________________________________________________
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN
IN THE COURT OF
OF APPEALS 12/8/2015 4:37:57 PM
FOR THE THIRD
THIRD DISTRICT
DISTRICT OF
OF TEXAS
TEXAS JEFFREY D. KYLE
AUSTIN
AUSTIN DIVISION
DIVISION Clerk
_________________________________________________

IN
IN THE MATTER
MATTER OF
OF C.P.
C.P. §§

_______________________________________________

APPELLANT’S
APPELLANT'S AMENDED
AMENDED BRIEF
_______________________________________________

Justin
Justin Bradford Smith
Texas
Texas Bar No. 24072348
24072348
Harrell, Stoebner, &
& Russell,
Russell, P.C.
P.C.
2106 Bird
Bird Creek
Creek Drive
Temple, Texas
Texas 76502
76502
Phone: (254) 771-1855
771-1855
FAX:
FAX: (254) 771-2082
771-2082
Email: justin@templelawoffice.com
justin@templelawoffice.com

ATTORNEY
ATTORNEY FOR APPELLANT
APPELLANT

ORAL
ORAL ARGUMENT NOT REQUESTED
ARGUMENT NOT

1
1
 IDENTITYOF PARTIES
IDENTITY PARTIES AND
AND COUNSEL
COUNSEL

Appellant
C.P.
C.P.

Appellant’s
Appellant's Counsel
Counsel
Justin
Justin Bradford Smith
Harrell, Stoebner, &
& Russell,
Russell, P.C.
P.C.
2106 Bird
Bird Creek
Creek Drive
Temple, Texas
Texas 76502
76502
Phone: 254-771-1855
254-771-1855
FAX:
FAX: 254-771-2082
254-771-2082
Email: justin@templelawoffice.com
justin@templelawoffice.com

Appellant’s
Appellant's Trial Counsel
Blas J.
J. Coy,
Coy, Jr.
Jr.
807
807 Pecan
Pecan Street
Street
Bastrop,
Bastrop, Texas
Texas 78602
78602
Phone: 512-303-6963
512-303-6963
FAX:
FAX: (512) 303-6766
303-6766
E-MAIL:
E-MAIL: bjcoy@coylaw.net

Appellee
The State
State of Texas
Texas

Appellee’s
Appellee's Trial Counsel
Counsel
Bastrop County District
District Attorney
Kirsten Ruehman
Ruehman
804
804 Pecan
Pecan Street
Street
Bastrop,
Bastrop, TX
TX 78602
78602
Phone: 512-581-7125
512-581-7125
Fax: 512-581-7133
512-581-7133
Email: kirsten.ruehman@co.bastrop.tx.us
kirsten.ruehman@co.bastrop.tx.us

Appellee’s
Appellee's Appellate
Appellate Counsel
Greg Gilleland and Kirsten Ruehman
Ruehman
Bastrop County Assistant
Assistant District
District Attorney
Address,
Address, Phone, and
and Fax Same
Same As Above
Email: greg.gilleland@co.bastrop.tx.us
greg.gilleland@co.bastrop.tx.us
Email: kirsten.ruehman@co.bastrop.tx.us
kirsten.ruehman@co.bastrop.tx.us

22
 TABLE
TABLE OF CONTENTS
CONTENTS

Identity Parties and
Identity of Parties and Counsel…………………………..………………………...
Counsel..............................................................22

Table of
of Contents……………………………………….………………………..3-4
Contents...........................................................................3-4

Index of
of Authorities…………………………………….………………………..5-6
Authorities........................................................................5-6

Statement of the
Statementof Case.........................................................................7
the Case……………………………………….……………………...7

Statement Regarding Oral
StatementRegarding Oral Argument………………………………………………7
Argument......................................................7
Presented...................................................................................7
Issue Presented.….……………..………....…………………….……………….....7

ISSUE ONE: The juvenile
juvenile court
court lacked
lacked personal jurisdiction over
personaljurisdiction
Appellant because
because the
the record does
does not affirmatively
affirmatively
show that at
at least
least one
one of his parents, his
his parents, his guardian,
guardian, or
or
his
his custodian
custodianwas servedwith summons
was served summonswith the the
original petition attached, nor does
does the
the record
record show
show
pursuant to
waiver pursuant to Texas
Texas Family Code
Code Section
Section 53.06(e)…...7
53.06(e)......7

Statement Facts.........................................................................8-12
of Facts…………………………………..…………………………..8-12
Statementof

Summary
Summary of the Argument..............................................................12-14
the Argument……………………………..……………………...12-14

ISSUE ONE: The juvenile
juvenile court
court lacked personal jurisdiction over
lacked personaljurisdiction
Appellant because
because the
the record does
does not affirmatively
affirmatively
show that at
at least
least one
one of his parents, his
his parents, his guardian,
guardian, or
or
his
his custodian
custodianwas servedwith summons
was served summonswith the the
original petition attached, nor does
does the
the record
record show
show
pursuant to
waiver pursuant to Texas
Texas Family Code
Code Section
Section 53.06(e)….12
53.06(e)....12

Argument…………………………………………………………………........15-27
Argument...................................................................................15-27

Law............................................................................................15-16
Law………………………………………………………………….................15-16

Application………………………………………………..…………………...16-26
Application................................................................................16-26

33
 1. Neither Appellant’s
1. Neither Appellant's father
father nor
nor Kathy
Kathy Brown were served
Brown were served
with the
the summons
summonsand and the
the original petition, nor did did they waive
service......................................................................16-17
service…………………………………………………………….16-17

2.
2. The record does
does not affirmatively
affirmatively show that Camilla Brown
Lawrence
Lawrence is
is Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian…............17-22
custodian...............17-22

3.
3. The record does
does not contain a a statutory
statutory waiver of service
service byby
anyone who could
anyone who be Appellant’s
could be Appellant's mother,
mother, guardian,
guardian, or or
custodian………………………………………………………….22-26
custodian...................................................................22-26

Conclusion……………………………………………………………………..26-27
Conclusion................................................................................26-27

Prayer…………………..…………………………………………………….........27
Prayer............................................................................................27

Certificate
Certificate of
of Compliance………………………………………………………....27
Compliance...................................................................27

Certificate
Certificate of
of Service……………………………………………………………...28
Service........................................................................28
Appendix………………………………………………………………………….29
Appendix.....................................................................................29

44
 AUTHORITIES
INDEX OF AUTHORITIES

Court:
Texas Supreme Court:

Laidlaw Waste
Laidlaw Waste Sys.
Sys. (Dallas), Inc.
Inc. v.
v. City of Wilmer,
Wilmer, 904904 S.W.2d
S.W.2d 656656
1995)..................................................................19,22,
(Tex. 1995)……………………………………………...…………19, 22, n.9
n.9

Court of Criminal Appeals:
Appeals:

Johnson v.
Johnson v. State,
State, 72
72 S.W.3d
S.W.3d 346
2002)................................................19-20, 24-25
(Tex. Crim. App. 2002)…………………………………………19-20,

Texas Courts
Courts of Appeals:
Appeals:

Barker CATV Const., Inc.
Inc. v.
v. Ampro, Inc., 989
989 S.W.2d
S.W.2d 789
789
App.-Houston [1st
(Tex. App.—Houston [lst Dist.]
Dist.] 1999, no pet.).............................18-19
1999, no pet.)……….……………….18-19

Carlson v.
v. State,
State, 151
151 S.W.3d
S.W.3d 643
643
App.-Eastland 2004,
(Tex. App.—Eastland 2004, no
no pet.)………………………..15-16,
pet.).............................15-16, 18-19,
18-19, 22
22

Garcia v.
v. Gutierrez, 697
697 S.W.2d
S.W.2d 758
758
App.MorpusChristi 1985,
(Tex. App.—Corpus no writ)................................19,
1985, no writ)…………………………..19, n. n. 9
9

Graham v. McCord, 384 S.W.2d
v. McCord, S.W.2d 897
897
App.-San Antonio
(Tex. Civ. App.—San Antonio 1964, no writ)...................................16
1964, no writ)……………………………..16

In the Matter
In Matter of Edwards, 644
644 S.W.2d
S.W.2d 815
815
App.MorpusChristi
(Tex. App.—Corpus Christi 1982,
1982, writ ref’d
ref'd n.r.e.)……………………….15
n.r.e.)............................15

In the Matter
In Matter of M.D.R., 113
ofM.D.R., 113 S.W.3d
S.W.3d 552
552
App.-Texarkana 2003,
(Tex. App.—Texarkana 2003, no pet.)………………………………...15, 18
no pet.).......................................15, 18

In the Matter
In ofX
Matter of X.B.,
B., 369
369 S.W.3d
S.W.3d 350
350
App.-Texarkana 2012,
(Tex. App.—Texarkana 2012, no pet.)…………………………16, 18-19,
no pet.)..............................16, 18-19, 22
22

In re
In re G.A.T.,
G.A.T., 16
16 S.W.3d
S.W.3d 818
818
App.-Houston [14th
(Tex. App.—Houston [14th Dist.]
Dist.] 2000, pet. denied)………………….15,
2000, pet. denied)......................15, 23
23

McEntire v.
McEntire McEntire, 706 S.W.2d
v. McEntire, S.W.2d 347
347
App.-San Antonio
(Tex. App.—San 1986, writ dism’d)……………………………..25
Antonio 1986, dism'd)...................................25
55
Midstate Envtl. Servs.,
Servs., LP v. Peterson, 435
v. Peterson, 435 S.W.3d
S.W.3d 287 287
App.-Waco 2014, no
(Tex. App.—Waco no pet.).........................................18-19,
pet.)…………………………………..18-19, 22 22

Medeles v.
Medeles Nunez, 923
v. Nunez, 923 S.W.2d
S.W.2d 659
659
App.-Houston [1st
(Tex. App.—Houston [lst Dist.]
Dist.] 1996,
1996, writ denied)……………….18-19,
denied)...................18-19, 22
22

Seals
Seals v.
v. Upper
Upper Trinity Reg’l Water
Trinity Reg'l Water Dist., 145
145 S.W.3d
S.W.3d 291
291
App.-Fort Worth
(Tex. App.—Fort Worth 2004,
2004, pet.
pet. dism’d)……………………………25-26
dism'd).................................25-26

Smith
Smith v. Amarillo Hosp. Dist., 672
v. Amarillo 672 S.W.2d
S.W.2d 615
615
App.-Amarillo1984,
(Tex. App.—Amarillo no writ).............................................23
1984, no writ)……………………………………...23

State
State v.
v. C.J.F.,
C.J.F., 183
183 S.W.3d
S.W.3d 841
841
App.-Houston [1st
(Tex. App.—Houston [lst Dist.] pet. denied)…………………...15,
Dist.] 2005, pet. denied)........................15, 23
23

Wilson
Wilson v.
v. Newton County,
County, 269
269 S.W.
S.W. 227
App.-Beaumont 1925,
(Tex. Civ. App.—Beaumont 1925, no writ).................................16-17
no writ)……………………………16-17

Constitutions/Statutes/Rules

Tex. Fam.
Fam. Code
Code § 51.02(3)......................................................19,21,
§ 51.02(3)………………………………………………19, 21, n.
n. 9
9

Tex. Fam.
Fam. Code
Code § 51.02(4)......................................................19,21,
§ 51.02(4)………………………………………………19, 21, n.
n. 9
9

Tex. Fam.
Fam. Code
Code § 51.17(a)....................................................17-18, 22,
§ 51.17(a)…………………………………………….17-18, 22, 25
25

Tex. Fam.
Fam. Code
Code § 53.06(a)(2).........................................................15, 23
§ 53.06(a)(2)………………………………………………...15, 23

Tex. Fam.
Fam. Code
Code § 53.06(e)........................................7, 12,
§ 53.06(e)………………………………….7, 12, 14-15,
14-15, 22-24, 26
26

Tex. R.
R. Civ. P. 106(b)(1)...................................................................17
P. 106(b)(1)………………………………………………………….17

66
 STATEMENTOF THE
STATEMENT THE CASE

Nature of the
the Case:
Case: This is
is a juvenile appeal
a juvenile appeal from anan order modifying
modifying
Appellant’s
Appellant's disposition.
disposition. (VIII
(VIII R.R.
R.R. at
at 44)
44) (I C.R. at 62-
62-
65).
65).

Judge/Court:
Judge/Court: Judge
Judge Benton Eskew, County Court at
at Law, Sitting as
as the
the
Juvenile Court (I C.R. at 62).
62).

Pleas:
Pleas: Not true. (VII
(VII R.R. at
at 8).
8).

Trial Court Disposition: The
Trial The trial judge
judge revoked
revoked Appellant’s probation and
Appellant's probation and
committed him to to the
the Texas
Texas Juvenile Justice Department
Department
for an
an indeterminate
indeterminate sentence. (VIII
(VIII R.R. at 44).
44).

STATEMENT REGARDING
STATEMENT REGARDING ORAL ARGUMENT
ORAL ARGUMENT

The precedents
precedents and the
the record are
are clear in this case,
case, so
so Appellant does
does not

request
request oral argument.
argument. However, should
should the
the Court believe oral argument
argument is
is

Appellant's counsel
necessary, Appellant’s counsel will be
be ready to
to participate.

ISSUE PRESENTED
PRESENTED

ISSUE ONE: The juvenile
juvenile court
court lacked personal jurisdiction over Appellant
lacked personaljurisdiction

because the
because the record does
does not affirmatively
affirmatively show that at least
least one of his parents, his
his parents, his

guardian,
guardian, or
or his
his custodian served with summons
custodian was served summons with the
the original petition

attached, nor does
attached,nor does the
the record show waiver pursuant
pursuant to
to Texas
Texas Family Code
Code Section
Section

53.06(e).
53.06(e).

77
 FACTS' 1
STATEMENT OF FACTS
STATEMENT

The State filed an
an original petition bringing two counts of delinquent

conduct,
conduct, and alleged
alleged that James
James Pertolanitz and Camilla Brown Lawrence are
are

Appellant’s
Appellant's parents.
parents. (I C.R. at 6-7).
6-7). In the
the return attached
attached to
to the
the summons
summons (with
(with

the
the original petition attached)
attached) that was
was directed
directed to Appellant, Camilla Brown
00007-00008).22
Lawrence is
is served.
served. (Appendix at
at Tab 1,
1, 00007—00008). In the
the return attached
attached

to
to the
the summons
summons (with
(with the
the original petition attached)
attached) that was
was directed
directed to
to Camilla

Brown Lawrence, Appellant is
is served
served at
at the
the same
same address.
address. (Appendix at Tab 1,
1,

00009—000010).
00009-000010). There
There are
are various other summonses file with the
summonses on file the clerk,
clerk,

including ones
ones to
to James
James Pertolanitz, but none of these
these show service
service on James
James

Pertolanitz or
or Camilla Brown Lawrence.
Lawrence. (Appendix at Tab 1,
1, 000001—000026).
000001-000026).

There
There is
is a
a summons
summons directed
directed to James Pertolanitz with a
to James a return stating
stating it was
was

served on “James
served "James Pertolanitz c/o wife”, and
c/o wife", and the
the summons
summons and
and the
the return have
have

notations
notations indicating that James’ wife was at
James' wife at the
the house. (Appendix, Tab 4,
4,

000001—000002).
000001-000002). The notations
notations indicate the process server
the process spoke with someone
server spoke someone

on
on the phone, but whether this
the phone, this was James
James or
or his wife is
his wife unclear. (Appendix, Tab 4,
is unclear. 4,

000001—000002).
000001-000002). However, the
the summons
summons does
does not show personal
personal service
service on
on

1
Appellant
Appellant does not challenge
does not challenge the
the sufficiency
sufficiency of
of the
the evidence
evidence to
to support
support the
the trial
trial court’s
court's decision
decision
to
to modify his disposition, so
modify his so only those
those facts necessary to
facts necessary to resolve the jurisdictional
resolve the jurisdictional question
question are
are
presented here.
resented here.
2
Appellant has asked
Appellant has asked the
the clerk to
to supplement
supplement thethe record with the
record with the summonses
summonses and and returns, but in
returns, but
the
the interim
interim these
these are
are included in the
the Appendix.
Appendix.

88
James,
James, and
and he
he did not appear
appear in the
the case.
case. (Appendix, Tab 4,
4, 000001—000002)
000001-000002)

(Volumes 2-8 of
of the
the Reporter’s
Reporter's Record)
Record) (I C.R. at 1-99).
1-99).

The trial court’s Nunc Pro
court's Nunc Pro Tunc
Tunc Order
Order Revoking
Revoking Probation
Probation leading to
to the
the

appeal “finds
instant appeal "finds that Camilla (Blossum) Lawrence [is]
[is] the
the mother responsible
responsible

for
for the
the support
support of
of [Appellant].”
[Appellant]." (I
(I C.R.
C.R. at
at 64)
64) (Appendix at
at Tab 2, 000003-
2, 000003—

000005).
000005). Nowhere does
does the
the record show
show that Camilla Blossum Lawrence was
was

served
served with summons,
summons, nor
nor does
does the
the reporter’s
reporter's record
record show
show that
that she
she made
made a
a

voluntary appearance
appearance in any hearing, 2-8 of
hearing, (Volumes 2-8 of the
the Reporter’s
Reporter's Record),
Record), nor
nor

does the clerk’s
does the clerk's record
record contain
contain aa written
written stipulation waiving service
stipulation waiving service of summons.
summons.

(I C.R. at 1-99). Likewise,
at 1-99). Likewise, the
the court’s
court's docket
docket sheet
sheet does
does not
not contain
contain any
any notation
notation

that
that any
any of
of Appellant’s
Appellant's parents,
parents, guardian,
guardian, or
or custodian
custodian were served, waived

service, or
or appeared.
appeared. (I
(I C.R. at
at 96-97).

When the
the court
court originally adjudicated
adjudicated Appellant delinquent, the
the court
court signed
signed

an
an order reciting that Appellant was present with his
was present his attorney and Appellant’s
attorney and Appellant's

“mother,
"mother, Camilla Brown Lawrence, also present”, and
also [was] present", noted “all
and noted parties
"all parties

announced ready” as
announcedready" as that
well as
as well that “due
"due notice
notice had been served
had been served on all parties
parties for the
the

time
time required by law”.
required by law". (I C.R.
C.R. at
at 11)
11) (underlining in original)
original) (Appendix at Tab 2,
2,

000001). “Respondent’s
"Respondent's Plea
Plea of
of True,
True, Waiver,
Waiver, Stipulation
Stipulation &
& Judicial
Judicial Confession”,
Confession",

which Appellant executed
executed the
the same
same day
day as
as the
the adjudication hearing,
hearing, contains
contains aa

signature
signature on
on the
the “Parent
"Parent or
or Guardian
Guardian of
of Child” blank, but
Child" blank, but that
that signature
signature is
is not
not of
of

99
Camilla Brown Lawrence
Lawrence or
or Camilla Blossum Lawrence.
Lawrence. (I C.R. at 10).
10). The

same
same holds true of the Conditions of Probation
Probation signed
signed on June
June 14,
14, 2012. (I C.R. at
at

17).33
17). The
The record
record contains
contains an
an Order
Order of
of Probation
Probation stating
stating that
that the
the “Court
"Court finds
finds

Camilla Brown Lawrence is
is the person responsible
the person for supporting
responsiblefor supporting [Appellant]”
[Appellant]" and
and

states
states she
she is
is responsible
responsible for
for supporting
supporting Appellant
Appellant “while
"while he
he resides
resides at
at [a particular
[a particular

address]”, but fails
address]", but fails to
to find
find that this
this address,
address, at which he
he was
was served, is
is the
the address
address

at which he
he resided
resided at
at that time. (I C.R. at 14)
14) (underlining in original)
original) (Appendix

at Tab 1,
1, 000009—000010).
000009-000010). The Amended
Amended Order of Probation
Probation signed
signed on
on October
October

9,
9, 2012 also
also states
states Camilla Brown Lawrence is
is the person responsible
the person responsible for

supporting
supporting Appellant and places
places Appellant on
on probation in her custody.
custody. (I C.R. at
at

24-25).

In the
the Amended Conditions of Probation
Probation signed
signed on October
October 9,
9, 2012, the
the

signature blank for
signature blank for the
the “Parent/Guardian”
"Parent/Guardian" contains
contains aa different
different signature
signature than
than the
the

previous parent/guardian signatures; this
parent/guardiansignatures; this time,
time, the
the signature
signature is by “Blossom
is by "Blossom Brown
Brown
28).44
Lawrence”.
Lawrence". (I
(I C.R.
C.R. at
at 28). The Second
Second Amended
Amended Conditions of Probation
Probation
5
appears to
appears be signed
to be by “C.
signed by "C. Blossom
Blossom Brown
Brown Lawrence”.
Lawrence". (I C.R. at
at 31).
31)." Again, in

the
the Second
Second Amended
Amended Order of Probation, Appellant is
is committed to
to the
the custody
custody of

“Camilla
"Camilla Brown Lawrence”, who is
Lawrence", who is found
found to be the
to be the person
person responsible
responsible for
3
The paragraph
paragraph above the the signature recites that
signature recites that the
the “Conditions
"Conditions of
of Probation were read
Probation were read and
3
and
explained
explained toto me
me and
and mymy child….”
child...." (I
(I C.R.
C.R. at at 17).
17).
4
4
This
This signature
signature isis also preceded by
also preceded by aa recitation
recitation that
that the
the conditions were “read
conditions were "read and
and explained
explained to
to
me
me and
and my
my child”.
child". (I(I C.R.
C.R. at
at 28); see n.
28); see n. 3, supra.
3, supra.
5
*
This
This too
too contains
contains the
the same
same recitation as as in footnotes
footnotes 33 and
and 4, supra.
4, supra.

10
10
supporting
supporting Appellant. (I C.R. at
at 32-33) (underlining in original).
original). In the
the Third

Amended Order of Probation
Probation for Residential
Residential Placement,
Placement, the
the court
court found that

“Blossom
"Blossom Lawrence” was the
Lawrence" was the person responsible for
personresponsible for supporting
supporting Appellant.
Appellant. (I C.R.

at 39)
39) (underlining in original).
original). The Order Extending Disposition signed
signed January

28,
28, 2014
2014 contains
contains the
the signature
signature of yet another
of yet person on
another person on the
the “Parent” blank. (I
"Parent" blank. (I

C.R. at 43).
43). It is
is not clear who this
this person
person is because the
is because the handwriting is
is illegible:
illegible:

the
the first
first letter
letter may be an
may be an “H”
"H" or
or a
a “K”,
"K", and
and the
the rest
rest is
is largely
largely indecipherable.
indecipherable. (I
(I

C.R. at 43).
43). The Third Amended
Amended Conditions of Probation
Probation contain aa signature
signature on
on

the
the “Parent/Guardian
"Parent/Guardian Signature” blank of
Signature" blank of what appears
appears to be
be the
the same
same person, but

43).66
it is
is likewise indecipherable.
indecipherable. (I C.R.
C.R. at
at 43). The Third Amended
Amended Order of

Probation for Residential Placement “finds
Residential Placement "finds that
that it
it is
is contrary
contrary to
to the
the child’s
child's welfare
welfare

to
to continue to
to remain in the
the home Brown" and
home of Kathy Brown” and has
has an
an “X”
"X" next
next to
to the
the

blank reading
blank reading “The parent/guardian/custodian fails to provide aa safe
"The parent/guardian/custodian safe home
home

environment.”
environment." (I
(I C.R.
C.R. at
at 45) original).'7 The Agreed Amended
45) (underlining in original). Amended

Order of Probation
Probation for Residential Placement signed
Residential Placement signed on
on January
January 26,
26, 2015
2015 “finds
"finds

Camilla Lawrence is
is the person responsible
the person for supporting
responsiblefor supporting [Appellant].”
[Appellant]." (I
(I C.R.
C.R. at
at

6
6
As with the
As with the other
other similar blanks, this
similar blanks, this signature
signature is is also preceded by
also preceded by aa recitation that the the
conditions were explained
conditions were explained “to"to me
me and
and my
my child”.
child". (I(I C.R.
C.R. atat 43).
43). See, n. 3,
See, n. 3, 4,
4, and
and 5, supra.
5, supra.
7
7
Service was attempted,
Service was attempted, andand apparently completed,
completed, on on Kathy BrownBrown for for the
the hearing onon the
the
State’s
State's original petition to
original petition to modify
modify set
set for October 28, 2014. (Appendix at
for October 28, 2014. (Appendix at Tab 1, 000015—
Tab 1, 000015-
000016).
000016). The
The summons,
summons, in in addition
addition to to aa stamp
stamp on on the
the front
front saying
saying “SERVED”,
"SERVED", contains
contains
notes that indicate failed service
handwritten notes service attempts
attempts and and a a telephone
telephone conversation
conversation with with Kathy
Kathy
as
as she was en
she was en route
route toto court, while the
court, while the return
return claims
claims she was served. (Appendix
she was (Appendix at at Tab 1,1,

000015).
000015). In anyany event,
event, whoever KathyKathy Brown
Brown is, is, she
she waswas served, with the
served, not with the Original
Original Petition
but with
but with the
the Petition to
to Modify.
Modify. (Appendix
(Appendix at at Tab 1, 1, 000015).
000015).

11
11
53)
53) (underlining in original).
original). The Order of Probation for Residential
Residential Placement
Placement

states
states that
that the
the “court
"court finds
finds that
that it
it is
is contrary
contrary to
to the
the child’s
child's welfare
welfare to
to continue
continue to
to

remain in the
the home Lawrence", and
home of Camilla Lawrence”, has an
and has an “X”
"X" next
next to
to the
the blank
blank

reading
reading “The parent/guardian/custodian exhibits
"The parent/guardian/custodian exhibits aa pattern
pattern of being unable
of being unable to
to

provide adequate
provide adequate supervision”.
supervision". (I
(I C.R.
C.R. at
at 55).
55). The
The Order
Order Extending
Extending Disposition
Disposition

signed 2, 2015 contains
signed on January 2, contains Camilla
Camilla Blossom
Blossom Lawrence’s
Lawrence's signature
signature on the
the

“Parent” blank. (I
"Parent" blank. (I C.R.
C.R. at
at 57).
57). Likewise,
Likewise, the
the next page is
next page is signed by Camilla
signed by Camilla
58).88
Blossom
Blossom Lawrence
Lawrence on
on the blank “Parent/Guardian
the blank "Parent/Guardian Signature”.
Signature". (I
(I C.R.
C.R. at
at 58).

SUMMARY OF THE
SUMMARY ARGUMENT
THE ARGUMENT

ISSUE ONE: The juvenile
juvenile court
court lacked personal jurisdiction over Appellant
lacked personaljurisdiction

because the
because the record does
does not affirmatively
affirmatively show that at least
least one of his parents, his
his parents, his

guardian,
guardian, or
or his
his custodian served with summons
custodian was served summons with the
the original petition

attached, nor does
attached,nor does the
the record show waiver pursuant
pursuant to
to Texas
Texas Family Code
Code Section
Section

53.06(e).
53.06(e).

Unless the
Unless the record affirmatively
affirmatively shows
shows that at least
least one
one parent,
parent, guardian,
guardian, or

custodian
custodian of aa juvenile
juvenile is served with the
is properly served the summons
summons and
and a
a copy
copy of the
the

original petition, or unless the
or unless the record shows waiver pursuant
showswaiver pursuant to
to Texas
Texas Family Code
Code

Section
Section 53.06(e),
53.06(e), the juvenile court
the juvenile court does
does not acquire jurisdiction, and
acquire jurisdiction, and the
the case
case must

be
be reversed
reversedand
and remanded.
remanded.

8
8
As with the
As with the other
other similar blanks,
blanks, this
this signature
signature is
is also preceded by
also preceded by aa recitation that the
the
conditions were explained
conditions were explained “to
"to me
me and
and my
my child”.
child". (I
(I C.R.
C.R. at
at 43).
43). See, n. 3,
See, n. 3, 4,
4, 5,
5, and
and 6, supra.
6, supra.

12
12
 Here, the
the record does
does not affirmatively
affirmatively show
show service
service nor does
does it contain a
a

statutory
statutory waiver.
waiver. It
It is undisputed that
is undisputed that Appellant’s
Appellant's father,
father, James
James Pertolanitz,
Pertolanitz, was

not personally served,
served, nor did he
he appear
appear or
or waive service. Service
Service on his wife is
his wife is

ineffective because
because she
she is
is not his
his general
general agent
agent and there is
is no
no showing that he
he

made
made her his
his agent
agent for service process. Kathy
service of process. Kathy Brown,
Brown, if she was Appellant’s
she was Appellant's

guardian
guardian or
or custodian
custodian (or even
even mother), was
was apparently served with summons—but
apparently served summons-but

not with the
the summons
summons that had
had the
the original petition attached, making this
this service
service

ineffectual to
to confer jurisdiction.
confer jurisdiction.

There
There remains
remains Camilla Brown Lawrence.
Lawrence. While
While she
she was served, there is
is no
no

clear
clear indication
indication that
that she
she is,
is, in
in fact,
fact, Appellant’s
Appellant's mother or
or guardian
guardian or
or custodian.
custodian. In

fact,
fact, service
service on her was
was defective because
because the
the summons was directed to Appellant,
summonswas

not her, and
and the
the record does
does not show that she
she answered
answeredor
or appeared,
appeared, it is
is as
as if she
she

suffered
suffered aa default judgment. The order giving
giving rise
rise to
to this
this appeal
appeal finds that aa

different person is
different person is Appellant’s
Appellant's mother.
mother. The original adjudication judgment does
does

not
not actually
actually find
find that
that Camilla
Camilla Brown
Brown Lawrence
Lawrence is
is Appellant’s
Appellant's mother,
mother, though
though it
it

states
states she
she is,
is, and
and in any event
event such aa finding
finding is
is contradicted by the
contradicted by the later finding.
finding.

The record contains
contains six different signatures
signatures from persons purporting to be
to be

Appellant’s parent or
Appellant's parent or guardian,
guardian, and
and the
the one
one from the
the hearing
hearing at
at which Camilla

Brown Lawrence
Lawrence allegedly appeared
appeared is utterly unlike later signatures
is utterly that might be
signaturesthat be

from her.
her. The record simply fails to
to show that Camilla Brown Lawrence is,
is, in

13
13
fact,
fact, Appellant’s
Appellant's mother, guardian,
guardian, or
or custodian,
custodian, and
and the
the court
court made,
made, at best,
at best,

contradictory findings regarding
regarding the
the same.
same.

Neither does
does the
the record contain a
a waiver of service
service of summons pursuant to
summonspursuant to

Section
Section 53.06(e)
53.06(e) of the
the Family Code.
Code. Such a
a waiver may only be
be by
by written
written

stipulation or
or voluntary appearance
appearance at the
the hearing
hearing for which the
the summons was
summons was

issued.
issued. None of the
the documents
documents bearing
bearing the
the signature
signature of any of the people who
the people

could be Appellant’s
could be Appellant's parent,
parent, guardian,
guardian, or
or custodian
custodian is
is a written stipulation
a written stipulation of
of

waiver of service. None of these writings can be
these writings be voluntary appearances
appearances at the
the

hearing-that is,
hearing—that court-for which the
is, in court—for the summons
summons was issued.
issued. None of the
the

hearings
hearings in
in the
the reporter’s
reporter's record
record show
show Appellant’s parent, guardian,
Appellant's parent, guardian, or
or custodian
custodian

appeared
appeared or
or were even
even present,
present, and
and the
the recitation in the
the judgment of adjudication is
is

therefore
therefore either false, or
or Camilla Brown Lawrence, whoever she
she is,
is, did
did not

“appear”
"appear" as
as that
that term
term is understood in the
is understoodin the law.

Because
Because the
the record does
does not affirmatively
affirmatively show service
service of the
the summons
summons of

the
the original petition on the
the parent,
parent, guardian,
guardian, or
or custodian
custodian of Appellant, and because
and because

the
the record does
does not contain a
a waiver of service
service of that summons,
summons, the
the case
case must be
be

reversed
reversedand
and remanded.
remanded.

14
14
 ARGUMENT
ARGUMENT

Law
Law

Texas
Texas Family Code
Code §
§ 53.06(a)(2)
53.06(a)(2) requires
requires the juvenile court
the juvenile court to
to direct the
the

issuance
issuance of
of summons
summons to
to “the
"the child’s
child's parent,
parent, guardian,
guardian, or
or custodian”,
custodian", and service
service

upon either parent
parent is
is sufficient. In the Matter
Matter of Edwards, 644
ofEdwards, 644 S.W.2d
S.W.2d 815,
815, 818
818

App.-Corpus Christi
(Tex. App.—Corpus Christi 1982,
1982, writ ref’d
ref'd n.r.e.).
n.r.e.). A party other than aa child may

waive service summons, but only by
service of summons, by “written
"written stipulation
stipulation or
or by
by voluntary
voluntary

appearance
appearance at
at the
the hearing.”
hearing." Tex.
Tex. Fam.
Fam. Code
Code §
§ 53.06(e).
53.06(e).

Service
Service of summons
summons with the
the original petition is
is the
the act
act that confers

jurisdiction on the
jurisdiction juvenile court.
the juvenile court. In re
re G.A.T.,
G.A.T., 16
16 S.W.3d
S.W.3d 818,
818, 823 App.-
823 (Tex. App.—

Houston [14th Dist.]
Dist.] 2000, pet.
pet. denied);
denied); State
State v.
v. C.J.F.,
C.J.F., 183
183 S.W.3d
S.W.3d 841,
841, 851
851 (Tex.

App.-Houston [1st
App.—Houston [lst Dist.]
Dist.] 2005, pet.
pet. denied).
denied). Likewise, where the
the record does
does not

affirmatively
affirmatively show
show service
service of the
the summons
summons and original petition on the parent or
the parent or

the juvenile, the
the juvenile, juvenile court
the juvenile court fails to
to acquire jurisdiction if it is
acquire jurisdiction is the juvenile who
the juvenile

is
is not served, In the Matter of M.D.R., 113
the Matter 113 S.W.3d
S.W.3d 552,
552, 553 App.-
553 (Tex. App.—

Texarkana
Texarkana 2003, no
no pet.), and fails to
to acquire jurisdiction if it is
acquire jurisdiction is the parent who is
the parent is

not served
servedand the parent does
the parent does not waive service pursuant to
service pursuant to the
the statute.
statute. Carlson v.
v.

State,
State, 151
151 S.W.3d
S.W.3d 643, App.-Eastland 2004, no
643, 645-646 (Tex. App.—Eastland no pet.); Tex. Fam.
Fam.

Code
Code §
§ 53.06(e).
53.06(e). The juvenile
juvenile court
court fails to
to acquire jurisdiction if the
acquire jurisdiction parent is
the parent is not

15
15
served
served and does
does not waive service,
service, even
even if the juvenile is
the juvenile served with
is properly served

summons
summonsand
and the
the original petition. Carlson, 151
151 S.W.3d
S.W.3d at 645.
645.

Failure to
to acquire jurisdiction over the
acquire jurisdiction the case
case means
means the
the adjudication order is
is

void and subject
subject to
to collateral attack.
attack. In the Matter ofXB.,
Matter of X.B., 369
369 S.W.3d
S.W.3d 350,
350, 352-
352-

354 App.-Texarkana 2012, no
354 (Tex. App.—Texarkana no pet.).
pet.).

Application

1. Neither
1. Neither Appellant’s
Appellant's father
father nor
nor Kathy Brown were were served
served with
with the
the
summons and the original petition,
petition, nor
nor did
did they waive service

It
It is
is indisputable
indisputable that
that James
James Pertolanitz,
Pertolanitz, Appellant’s
Appellant's alleged
alleged father, was not

servedwith summons
personally served summonsand
and the
the original petition, nor did he
he waive service
service

by written
by written stipulation or
or voluntary appearance at
at the
the adjudication hearing
hearing or
or any

other hearing.
hearing. (Appendix at
at Tab 1,
1, 000001—000026;
000001-000026; at
at Tab 4,
4, 000001—000002)
000001-000002)

(Volumes 2-8 of the Reporter's Record)
the Reporter’s Record) (I
(I C.R.
C.R. at
at 1-99).
1-99). The record shows
shows one
one

summons
summons directed
directed to
to James
James that is
is served
served on his wife, (Appendix at Tab 4,
his wife, 4,

000001—000002),
000001-000002), but this cannot substitute
substitute for personal
personal service
service on James
James himself

without some
without some evidence
evidence that James’ wife was his
James' wife his agent
agent for service
service of process.
process.

Graham v. McCord, 384
v. McCord, 384 S.W.2d
S.W.2d 897,
897, 898 App.-San Antonio
898 (Tex. Civ. App.—San Antonio 1964,
1964, no
no

writ) (“While
("While aa wife
wife is
is not a
a general
general agent
agent of her husband…a
husband...a husband
husband can make
make

his wife his
his wife his agent.”);
agent."); Wilson
Wilson v.
v. Newton County,
County, 269
269 S.W.
S.W. 227, 228
228 (Tex. Civ.

App.-Beaumont 1925,
App.—Beaumont no writ) (“Mrs.
1925, no ("Mrs. Wilson was aa necessary party to
to the
the

proceedings, and,
proceedings, and, such being true, the
the notice must have been served
have been served upon her

16
16
personally, and
and not by
by delivery to
to her husband.”);
husband."); cf.
cf Tex. R.
R. Civ. P.
P. 106(b)(1)
106(b)(1)

(substituted service “by
(substituted service "by leaving aa true copy
copy of the
the citation, with a
a copy
copy of the
the

petition attached, with anyone over sixteen years of age
sixteen years age at the
the location specified
specified in

such affidavit”
affidavit" permitted only upon motion and affidavit
affidavit showing, among
among other

things, unsuccessful
unsuccessful attempted
attempted service
service upon defendant
defendant himself) and
and Tex. Fam.
Fam.

Code
Code §
§ 51.17(a)
51.17(a) (the Texas
Texas Rules
Rules of Civil Procedure,
Procedure, with exceptions
exceptions not

applicable
applicable here,
here, “govern proceedings under this
"govern proceedings title"). Nothing shows
this title”). shows that she
she

was his agent-even if we assume
his agent—even assume the process server
the process server spoke
spoke to
to James
James on
on the phone,
the phone,

nothing shows
shows James
James told the
the server
server his
his wife
wife could accept
accept service
service on his
his behalf.

It is
is also
also indisputable
indisputable that, whoever Kathy Brown is,
is, she servedwith
was not served
she was

summons
summons and the
the original petition (Appendix at
at Tab 1,
1, 000015—000016),
000015-000016), nor did
did

she
she waive service by written
service by or voluntarily
written stipulation or voluntarily appear
appear at the
the adjudication

hearing
hearing or 2-8 of
or any other hearing. (Volumes 2-8 of the
the Reporter’s
Reporter's Record)
Record) (I
(I C.R. at
at 1-
1-

99).
99). Finally,
Finally, it is undisputable that Appellant was
is undisputable served with summons
was served summons and
and the
the

original petition, (Appendix at
at Tab 1,
1, 000009—000010),
000009-000010), although we might

wonder about
about the served with aa summons
the effect of him being served summons directed to Camilla

Brown Lawrence rather
rather than to himself.

2.
2. The record
record does affirmatively show that Camilla Brown
does not affirmatively
Lawrence
Lawrence is
is Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian
custodian

So, unless Appellant’s
So, unless Appellant's mother,
mother, guardian,
guardian, or
or custodian served with
custodian was served

summons
summons and
and the
the original petition (or waived service pursuant to
service pursuant the statute),
to the statute), the
the

17
17
juvenile court
juvenile court never
never acquired jurisdiction over his
acquired jurisdiction his case,
case, the
the original adjudication

order and all subsequent
subsequentorders are
are void, and the
the case
case must be
be remanded for aa new
remandedfor

trial. Carlson, 151
151 S.W.3d
S.W.3d at 645-646; In
In the ofXB.,
Matter of
the Matter X.B., 369
369 S.W.3d
S.W.3d at 354-

355.
355. We
We know that Camilla Brown Lawrence was served
served with summons
summons and
and the
the

original petition, (Appendix at
at Tab 1,
1, 000007—000008),
000007-000008), but what we do
do not

know, and
and what the
the record does
does not affirmatively
affirmatively show,
show, is
is whether she
she is
is

Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian. In the
custodian. In Matter of
the Matter M.D.R., 113
ofM.D.R., 113 S.W.3d
S.W.3d

at 553
553 (record
(record must affirmatively
affirmatively show service
service of summons
summons and
and original petition).

Furthermore, because the
Furthermore, because summons with which she
the summons was served
she was served is
is directed
directed to
to

Appellant,
Appellant, “there
"there can be no
can be no doubt
doubt that
that aa complete
complete discrepancy between the
discrepancy between the

defendant
defendant listed in the
the petition and
and the
the entity or person that the
or person the citation is
is directed

to
to is
is a
a defect in service,”
service," Midstate Envtl. Servs.,
Servs., LP v. Peterson, 435
v. Peterson, 435 S.W.3d
S.W.3d 287,
287,

App.-Waco 2014, no
290 (Tex. App.—Waco no pet.) (finding
(finding defective service
service for numerous
numerous

reasons
reasons under Texas
Texas Rule of Civil Procedure in an
an appeal
appeal from aa default

judgment), Tex. Fam.
Fam. Code
Code §
§ 51.17(a)
51.17(a) (the Texas Rules of Civil Procedure, with
Texas Rules

exceptions
exceptions not
not applicable
applicable here,
here, “govern
"govern proceedings
proceedings under this title”), Medeles v.
title"), Medeles v.

Nunez, 923
Nunez, 923 S.W.2d
S.W.2d 659,
659, 662-663 App.-Houston [1st
662-663 (Tex. App.—Houston [lst Dist.] 1996, writ
Dist.] 1996,

denied)
denied) (finding
(finding various defects in service
service warranting reversal
reversal of default judgment,

including
including omission
omission of
of one
one letter
letter from
from the
the defendant’s
defendant's last
last name)
name) overruled on

other grounds by Barker CATV Const., Inc.
Inc. v.
v. Ampro, Inc., 989
989 S.W.2d
S.W.2d 789
789 (Tex.

18
18
App.-Houston [1st
App.—Houston [lst Dist.]
Dist.] 1999,
1999, no
no pet.), so
so even
even if the
the record
record affirmatively
affirmatively

showed
showed she
she is
is Appellant’s
Appellant's mother,
mother, service would still
service would be defective
still be defective and
and thus
thus

insufficient
insufficient to
to confer jurisdiction.9 Carlson, 151
confer jurisdiction. 151 S.W.3d
S.W.3d at 645-646; In the Matter
Matter

ofXB.,
of X.B., 369
369 S.W.3d
S.W.3d at 354-355.
354-355. Midstate and Medeles
Medeles considered whether service
consideredwhether service

was sufficient in view of default judgments; this case
case is
is analogous
analogous to
to a
a default

judgment because, as will be
because, as be shown
shown below, neither Camilla Brown Lawrence
Lawrence nor

anyone else
else but Appellant and his
his attorney,
attorney, ever
ever appeared.
appeared. Thus, it is
is as
as if she
she

suffered
suffered aa default judgment.

The order giving
giving rise
rise to
to the
the instant appeal
appeal finds that aa different person,

Camilla
Camilla Blossum
Blossum Lawrence,
Lawrence, is
is Appellant’s
Appellant's mother.
mother. (I
(I C.R.
C.R. at
at 64).
64). “We
"We must

presume that statement
presume statement correct
correct in the
the absence
absence of direct
direct proof of its falsity”.
falsity".

9
For
For this
this reason too, too, even if the the record
record showed
showed that Camilla Brown Lawrence, Lawrence, although not
Appellant’s
Appellant's mother,
mother, was was atat least
least hishis “custodian”
"custodian" as as that
that term
term is is defined
defined in in the
the Family
Family Code,
Code, seesee
Tex.
Tex. Fam.
Fam. Code § § 51.02(3) (“‘Custodian’
("'Custodian' means the
the adult with
with whom
whom the
the child resides”),
resides"), service
service
would still
would be defective
still be defective and and the the juvenile
juvenile court would not have
court would have acquired jurisdiction. But the
acquired jurisdiction. the
record
record doesdoes not show, beyond the
show, beyond the fact
fact that Appellant
Appellant and and Camilla Brown Lawrence Lawrence were were served
at
at the
the same
same address
address (both (both listed on on the
the summons),
summons), that that Appellant
Appellant resided
resided withwith her atat the
the time
time hehe
was served. (Appendix
was (Appendix at at Tab 1, 000007-000010); see
1, 000007—000010); see (I C.R.
C.R. atat 14)
14) (reciting that Camilla
Brown
Brown Lawrence
Lawrence is is responsible
responsible for for supporting
supporting Appellant
Appellant “while "while he he resides
resides at at [a
[a particular
address]”,
address]", but but failing
failing to to find
find that
that this
this was his permanent
was his permanent residence
residence or where he
or where he resided
resided whenwhen he he
was served);
was served); Garcia v. v. Gutierrez,
Gutierrez, 697 S.W.2d S.W.2d 758, 760 (Tex. App.-Corpus Christi
(Tex. App.—Corpus Christi 1985,
1985, nono
writ) (service
(service not limited
limited to to address
address listed in the the citation, as as defendant
defendant may may be be served wherever
he may
he may be be found). The The State’s
State's original petition alleges
original petition alleges the the same
same address
address for both (I
for both (I C.R.
C.R. at at 7),
7),
but it is
but well-settled that,
is well-settled that, inin general,
general, pleadings, even if if sworn
sworn to to or verified, are
or verified, are not evidence.
evidence.
Laidlaw Waste
Laidlaw Waste Sys.
Sys. (Dallas),
(Dallas), Inc. Inc. v. v. City
City of Wilmer,
Wilmer, 904 S.W.2d S.W.2d 656, 656, 660 (Tex.(Tex. 1995)1995)
(“pleadings are
("pleadings are not competent evidence,
competent evidence, even if sworn or verified.").
sworn or verified.”). Likewise,
Likewise, there is nothing
there is
in
in the
the record
record to to show
show that that she
she isis Appellant’s
Appellant's guardian,
guardian, as as that
that term
term isis defined
defined in the the Family
Family Code.Code.
Tex.
Tex. Fam.
Fam. Code Code § § 51.02(4) ("'Guardian'"
(“‘Guardian’” means
means the
the person
person who,
who, under
under court
court order,
order, is
is the
the
guardian
guardian of the person of the
the person the child or the public
or the public oror private agency with whom the
agency with the child has has been
placed by
placed by aa court.”).
court.").

19
19
Johnson v.
Johnson v. State,
State, 72
72 S.W.3d
S.W.3d 346,
346, 349
349 (Tex. Crim. App. 2002) (judgment reciting

the
the defendant “waived trial by
defendant"waived by jury").
jury”). But then, the
the original adjudication judgment

stated
stated (without directly finding)
finding) aa contrary conclusion: Appellant’s
Appellant's “mother,
"mother,

Camilla Brown Lawrence,
Lawrence, also
also [was] present”.
present". (I C.R. at 11)
11) (underlining in

original). So, “must
original). So, "must [we] presume
presume that statement
statement correct
correct in the
the absence
absence of direct
direct

proof of its falsity”? Johnson, 72
falsity"? Johnson, 72 S.W.3d
S.W.3d at 349.
349. That same
same judgment recited that

“due
"due notice
notice had
had been
been served
served on
on all
all parties
parties for
for the
the time
time required
required by
by law”.
law". (I
(I C.R.
C.R. at
at

11).
11). So,
So, must we presume
presume that statement
statement correct? Johnson,
Johnson, 72
72 S.W.3d
S.W.3d at
at 349.
349.

But, again, we have
again, we have the
the later judgment finding
later judgment finding aa different person to
different person be Appellant’s
to be Appellant's

mother. (I C.R. at
at 64); Johnson, 72
64); Johnson, 72 S.W.3d
S.W.3d at 349.
349. Not only that, but we have
have at
at

least six other persons whose
least whose signatures purport to
signaturespurport be that
to be that of
of Appellant’s parent,
Appellant's parent,

and various persons
and various persons listed
listed as
as Appellant’s
Appellant's parent,
parent, guardian,
guardian, or
or custodian.
custodian. (I C.R.
C.R. at
at

10;
10; 17;
17; 28;
28; 31;
31; 41;
41; 43;
43; 57-58). And whether Camilla Brown Lawrence appeared
appeared at

the
the original adjudication hearing
hearing or not, the
the signature
signature of whoever signed
signed the
the

stipulations
stipulations and
and waiver
waiver (which
(which did
did not
not waive
waive service)
service) as
as Appellant’s parent is
Appellant's parent is

wholly unlike any other signatures that might belong to
signaturesthat to Camilla Brown Lawrence.
Lawrence.

(I C.R. at 10
10 and
and 17
17 (June 14,
14, 2012 signatures);
signatures); 28;
28; 31;
31; 41;
41; 43;
43; 57-58). In short,

the
the record does
does not affirmatively
affirmatively show that Camilla Brown Lawrence is
is

Appellant’s
Appellant's mother:
mother: to
to the
the contrary,
contrary, the
the record
record contains what are,
are, at best, directly
at best,

contradictory findings by the
the trial court
court on
on this
this issue,
issue, and
and further reason
reason to
to doubt

20
20
that
that Camilla
Camilla Brown
Brown Lawrence
Lawrence is
is Appellant’s
Appellant's mother
mother since
since multiple people signed
multiple people signed

as
as his
his parent.
parent.

She
She cannot
cannot be
be Appellant’s
Appellant's guardian
guardian because
because the
the record
record does
does not contain a
a

court
court order stating
stating as
as much, nor a
a court
court order placing Appellant with her before
before she
she

summons. Tex.
served with summons.
was served Tex. Fam.
Fam. Code
Code §
§ 51.02(4)
51.02(4) (“‘Guardian’”
("'Guardian"' means
means the
the

person who, under
person under court
court order, is
is the
the guardian
guardian of the
the person
person of the
the child or
or the
the

public or
public or private
private agency whom the
agency with whom the child
child has been placed
has been by aa court.”);
placed by see
court."); see

footnote 9, supra.
9, supra. Neither does
does the
the record affirmatively
affirmatively show that she
she is
is

Appellant’s
Appellant's custodian,
custodian, as
as that
that term
term is
is defined
defined in
in the
the Family
Family Code.
Code. Tex.
Tex. Fam.
Fam. Code
Code

§§ 51.02(3) (“‘Custodian’
("'Custodian' means
means the
the adult whom the
adult with whom the child
child resides”); see
resides"); see

footnote 9,
9, supra.
supra. The record shows
shows that Appellant and Camilla Brown Lawrence

were served
served at the
the same
same address
address (both listed on the
the summons),
summons), but it does
does not

follow resided with her at the
follow that Appellant resided the time he was served. (Appendix at
he was at Tab

1,
1, 000007—000010).
000007-000010). While
While the
the Order of Probation of June
June 14,
14, 2012 places
places

Appellant
Appellant “on probation in
"on probation in the
the custody
custody of
of Camilla
Camilla Brown
Brown Lawrence
Lawrence at
at [the
[the same
same

address
address at which they were served],
served], this
this likewise is
is not a
a finding
finding that Appellant

resided with her at
resided at the
the time he was served. (I
he was (I C.R. at
at 13-14)
13-14) (reciting that Camilla

Brown
Brown Lawrence
Lawrence is
is responsible
responsible for
for supporting
supporting Appellant
Appellant “while
"while he
he resides
resides at
at [a
[a

particular address]”,
particular but failing
address]", but failing to
to find
find that this
this was his permanent residence or
his permanent or

where he
he resided he was served). The
resided when he The State’s
State's original petition alleges
original petition alleges the
the

21
21
same
same address
address for both (I C.R. at 7),
7), but it is
is well-settled that, in general, pleadings,
general,pleadings,

even
even if sworn to
to or verified,
verified, are
are not evidence. Laidlaw Waste
evidence. Laidlaw Waste Sys.
Sys. (Dallas), Inc.
Inc. v.
v.

Wilmer, 904
City of Wilmer, 904 S.W.2d
S.W.2d 656,
656, 660
660 (Tex.
(Tex. 1995)
1995) (“pleadings
("pleadings are
are not
not competent
competent

evidence, even
evidence, even if sworn
sworn or verified.”). Finally,
or verified."). Finally, even
even if the
the above were sufficient
abovewere sufficient to
to

show that Camilla Brown Lawrence,
Lawrence, whatever
whatever else
else she
she might be,
be, is
is at
at least
least

Appellant’s
Appellant's custodian,
custodian, service
service on
on her was defective
her was defective because
because the
the summons
summons with

which she
she was
was served
served was directed
directed to
to Appellant, and
and thus this
this service
service was

insufficient
insufficient to
to confer jurisdiction. Midstate Envtl. Servs., 435
confer jurisdiction. 435 S.W.3d
S.W.3d at 290;
290; Tex.

Fam.
Fam. Code
Code §
§ 51.17(a); Medeles, 923
51.17(a); Medeles, 923 S.W.2d
S.W.2d at
at 662-663; Carlson, 151
151 S.W.3d
S.W.3d at

645-646; In the
the Matter ofXB.,
Matter of X.B., 369
369 S.W.3d at 354-355. As will be
S.W.3d at be shown
shown below,

the
the record does
does not affirmatively
affirmatively show that Camilla Brown Lawrence appeared
appeared in

the
the suit, so
so it is
is as
as if she
she suffered
suffered aa default judgment.

3.
3. The record
record does
does not contain
contain aa statutory waiver of service by anyone
who
who could
could be
be Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian
custodian

Neither does
does the
the record contain a
a waiver of service
service of summons
summons of the
the

original petition pursuant
pursuant to Texas
Texas Family Code
Code §
§ 53.06(e) by anyone who could
53.06(e) by

be
be Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian.
custodian. That statute
statute allows aa party other

than
than aa child
child to waive service
to waive by “written
service by "written stipulation or by voluntary
or by voluntary appearance
appearance at

the
the hearing.”
hearing." Tex. Fam.
Fam. Code
Code §
§ 53.06(e)
53.06(e) (emphasis
(emphasisadded).
added).

The only summonses containing the
summonsescontaining the original petition were those
those issued
issued for

the
the original adjudication hearing
hearing in June
June 2012. (Appendix at
at Tab 1, 000001-
1, 000001—

22
22
000010).
000010). The rest
rest were for petitions to
to modify,
modify, (Appendix at
at Tab1, 000011-
Tabl, 000011—

000026),
000026), so even if validly served
so they, even served on aa proper person
person under Section
Section

53.06(a)(2), be insufficient
53.06(a)(2), would be insufficient to
to confer jurisdiction. In re
confer jurisdiction. re G.A.T.,
G.A. T., 16
16 S.W.3d
S.W.3d

at 823;
823; State
State v.
v. C.J.F.,
C.J.F., 183
183 S.W.3d
S.W.3d at
at 851.
851.

None of
None of the
the documents
documents signed by anyone
signed by purporting to
anyone purporting be Appellant’s
to be Appellant's

parent, guardian,
parent, guardian, or
or custodian
custodian are
are written stipulations of waivers of service
service of

summons of the original
summonsofthe petition. Tex. Fam.
original petition. Fam. Code
Code §
§ 53.06(e);
53.06(e); (I C.R. at
at 10;
10; 17;
17; 28;
28;

31;
31; 41;
41; 43;
43; 57-58). Neither, for that matter,
matter, are
are they
they waivers of service
service of anything

at all. (I
(I C.R. at
at 10;
10; 17;
17; 28;
28; 31;
31; 41;
41; 43;
43; 57-58). As such, they do
do not constitute
constitute

waivers of service
service by written
written stipulation. Tex. Fam.
Fam. Code
Code §
§ 53.06(e).
53.06(e). And even
even if

they
they were, none of these
these documents
documents contain findings by
by the
the court
court that whoever

these persons are
these persons who are
are who are signing
signing the
the documents
documents are
are in
in fact
fact Appellant’s
Appellant's mother,
mother,

guardian,
guardian, or
or custodian.
custodian.

Likewise, the
the record does
does not show waiver by
by voluntary appearance
appearance at the
the

hearing for
for which the summons with the original
the summons petition was
original petition was issued. The

reporter’s
reporter's record,
record, in
in fact,
fact, is
is devoid
devoid of
of the
the appearance,
appearance, or
or even presence, of
even presence, of anyone
anyone

on
on Appellant’s
Appellant's “side”
"side" except
except Appellant and
and his
his counsel. (Volumes 2-8 of the
the

Reporter’s
Reporter's Record).
Record). In particular, the
the arraignment
arraignment and plea hearing
hearing do
do not show
show

the
the appearance
appearance or presence of anyone for Appellant other than Appellant and
or presence and his
his

counsel.
counsel. (Volumes
(Volumes 2
2 and
and 3
3 of
of the
the Reporter’s
Reporter's Record).
Record).

23
23
 Now, the
Now, the judgment adjudicating guilt Appellant's “mother,
guilt recites that Appellant’s "mother,

Lawrence, also
Camilla Brown Lawrence, also [was] present”. (I
[was] present". (I C.R.
C.R. at
at 11)
11) (Appendix
(Appendix at
at Tab
Tab 2,
2,

000001).
000001). But there are
are three reasons
reasons why this does
does not constitute
constitute aa voluntary

appearance
appearance at the
the hearing
hearing for which the
the summons
summons with the
the original petition was
was
· 10
10
issued.
issued.

First, as
as shown
shown above,
above, the
the court
court made
made contradictory findings about
about who

Appellant’s
Appellant's mother
mother is,
is, and
and the
the record
record does
does not
not clearly
clearly show
show who
who his
his mother
mother is.
is. (I
(I

C.R. at 10;
10; 11;
11; 17;
17; 28;
28; 31;
31; 41;
41; 43;
43; 57-58; 64)
64) (Appendix at
at Tab 2).
2). The court
court never
never

found that she
she was his
his guardian
guardian or
or custodian
custodian either. So,
So, it is
is not at
at all clear that, if

Camilla
Camilla Brown
Brown Lawrence
Lawrence did
did appear
appear in
in court,
court, she
she is
is Appellant’s
Appellant's mother,
mother, guardian,
guardian,

or
or custodian.
custodian. Tex. Fam.
Fam. Code
Code §
§ 53.06(e).
53.06(e).

Second, the
Second, judgment’s recitation
the judgment's recitation is
is contradicted by the
contradicted by the record,
record, and
and is
is

therefore
therefore shown
shown to be false. Johnson,
to be Johnson, 72
72 S.W.3d
S.W.3d at 349. Not only
349. Not only is
is the
the reporter’s
reporter's

record devoid of any indication of even
even the
the mere
mere presence, much less
less the
the general
general

appearance, of anyone other than Appellant and
and his
his counsel, (Volumes 2
2 and
and 3
3 of

the
the Reporter’s
Reporter's Record),
Record), but the
the docket sheet fails to
to show the
the appearance
appearance of

Camilla Brown Lawrence
Lawrence or
or anyone else.
else. Tex. R.
R. Civ. P.
P. 120
120 (defendant
(defendant may

enter
enter his
his appearance
appearance in
in open
open court,
court, and
and “[s]uch
"[s]uch appearance
appearance shall be
be noted by the
noted by the

10
io
Of course, if the
the record affirmatively showed
record affirmatively showed that
that Camilla Brown
Brown Lawrence was validly
Lawrence was
served
served and
and is
is Appellant’s
Appellant's mother,
mother, guardian,
guardian, or
or custodian,
custodian, then whether she
she appeared or
or not
would be
would be immaterial. However, as as argued above, the
the record affirmatively shows
record affirmatively shows neither fact,
fact, so
so
whether she
she appeared or
or not matters.
matters.

24
24
judge upon his
his docket
docket and
and entered
entered in the
the minutes,
minutes, and
and shall have
have the
the same
same force
force

and
and effect as
as if the
the citation had been duly issued
had been issued and
and served
served as by law.”);
as provided by law.");

Tex. Fam.
Fam. Code
Code §
§ 51.17(a)
51.17(a) (the
(the Texas
Texas Rules
Rules of Civil
Civil Procedure,
Procedure, with exceptions
exceptions

applicable here,
not applicable here, “govern proceedings under
"govern proceedings under this
this title”);
title"); (I C.R. at
at 96-97). As

such,
such, the judgment’s boilerplate
the judgment's boilerplate recitation
recitation is
is false. Johnson,
Johnson, 72
72 S.W.3d
S.W.3d at 349.
349.

the “mere
Third, the presence of
"mere presence of aa party
party or
or his
his attorney
attorney in
in the
the courtroom
courtroom at
at the
the

time of aa hearing
hearing or
or a
a trial, where neither participates
participates in the prosecution or
the prosecution or defense
defense

the action,
of the action, is
is not
not an
an appearance.”
appearance." Smith
Smith v. Amarillo Hosp. Dist.,
v. Amarillo Dist., 672
672 S.W.2d
S.W.2d

615,
615, 617 App.-Amarillo 1984,
617 (Tex. App.—Amarillo no writ). Rather,
1984, no Rather, “the
"the party must seek aa

judgment or
or a
a decision by
by the
the court
court on some
some question.”
question." Seals
Seals v.
v. Upper Trinity
Trinity

Reg’l Water
Reg'l Water Dist., 145
145 S.W.3d
S.W.3d 291, App.-Fort Worth 2004, pet.
291, 296 (Tex. App.—Fort pet.

dism’d).
dism'd). In-court actions
actions that constitute
constitute aa general
general appearance
appearance include examining

witnesses or
witnesses or offering testimony, Id. 297, and
Id. at 297, and even
even announcing
announcing “not
"not ready”.
ready".

McEntire v.
McEntire McEntire, 706
v. McEntire, 706 S.W.2d
S.W.2d 347,
347, 349 App.-San Antonio
349 (Tex. App.—San 1986, writ
Antonio 1986,

dism’d)
dism'd) (“We
("We are
are of the
the opinion that appellant,
appellant, by showing up
up to
to announce that he
he

was not ready, made
made his
his appearance
appearance to
to the
the court,
court, and
and waived his complaint as
as to
to

the service."). “On
the lack of service.”). "On the
the other hand, a
a party who is
is a
a silent figurehead
figurehead in the
the

courtroom, observing
observing the proceedings without
the proceedings without participating, has not" made
has not” made an
an

appearance. Seals,
Seals, 145
145 S.W.3d
S.W.3d at
at 297.
297. Thus, in the
the absence
absence of something
something more

than
than aa silent
silent record,
record, Camilla
Camilla Brown
Brown Lawrence
Lawrence did
did not waive service
not waive by “voluntary
service by "voluntary

25
25
appearance
appearance at
at the
the hearing”
hearing" held on the
the original petition. Tex. Fam.
Fam. Code
Code §
§

53.06(e).
53.06(e).

While
While aa “general
"general appearance
appearance is
is normally
normally in
in the
the form
form of
of an
an answer
answer to
to the
the

made in
claims made in the
the suit”,
suit", Seals,
Seals, 145
145 S.W.3d
S.W.3d at
at 296,
296, the
the Family Code precludes the
Code precludes the

possibility of voluntarily
possibility voluntarily appearing
appearing in aa juvenile
juvenile proceeding
proceeding in writing unless
unless the
the

writing is
is a
a “written
"written stipulation” waiving service.
stipulation" waiving service. Tex.
Tex. Fam.
Fam. Code
Code §
§ 53.06(e).
53.06(e).

This is
is because
because the
the statute
statute does say “voluntary
does not say "voluntary appearance” simpliciter, but
appearance" simpliciter,

rather,
rather, requires
requires the voluntary appearance
the voluntary appearance to be made
to be made “at
"at the
the hearing”,
hearing", that
that is,
is, in
in

court. Id. Thus,
court. Id. Thus, any writings that
any writings that are
are not
not “written
"written stipulations”
stipulations" signed by anyone
signed by anyone

who could be
be a parent, guardian,
a parent, guardian, or
or custodian do not
custodian do not constitute
constitute aa “voluntary
"voluntary

appearance
appearance at
at the
the hearing”.
hearing". Id.
Id. Hence, even
even if the
the Plea
Plea of True, Waiver,

Stipulation
Stipulation &
& Judicial
Judicial Confession
Confession is
is signed by Appellant’s
signed by parent or
Appellant's parent or guardian
guardian or
or

custodian
custodian (it does
does not appear
appear to be signed
to be by Camilla Brown Lawrence,
signed by Lawrence, at
at any

rate), it cannot constitute
constitute aa voluntary appearance
appearance under the
the plain meaning
meaning of the
the

statute.
statute. Tex. Fam.
Fam. Code
Code §
§ 53.06(e)
53.06(e) (I
(I C.R. at 8-10).
8-10).

Conclusion
Conclusion

The
The record
record does
does not
not affirmatively
affirmatively show
show Appellant’s parent, guardian,
Appellant's parent, guardian, or
or

custodian
custodian was served with summons
was served summons and
and the
the original petition. Neither does
does the
the

record affirmatively
affirmatively show aa statutory
statutory waiver of service by his
service by parent, guardian,
his parent, guardian, or
or

custodian.
custodian. As such, the juvenile court
the juvenile court failed to
to acquire jurisdiction, so
acquire jurisdiction, so the
the

26
26
adjudication order and all subsequent
subsequentorders are
are void. Therefore,
Therefore, the
the case
case must be
be

reversed
reversedand
and remanded.
remanded.

PRAYER
PRAYER

WHEREFORE, PREMISES CONSIDERED,
CONSIDERED, Appellant asks
asks this
this Court to
to

REVERSE and REMAND.
REMAND.

Respectfully submitted:
submitted:

/s/ Justin
/s/ Justin Bradford Smith
Justin
Justin Bradford Smith
Texas
Texas Bar No. 24072348
24072348

Harrell, Stoebner, &
& Russell,
Russell, P.C.
P.C.
2106 Bird
Bird Creek
Creek Drive
Temple, Texas
Texas 76502
76502
Phone: (254) 771-1855
771-1855
FAX:
FAX: (254) 771-2082
771-2082
Email: justin@templelawoffice.com
justin@templelawoffice.com

ATTORNEY
ATTORNEY FOR APPELLANT
APPELLANT

CERTIFICATE OF COMPLIANCE
CERTIFICATE COMPLIANCE

I hereby certify
certify that, pursuant
pursuant to
to Rule 9 9 of the
the Texas
Texas Rules
Rules of Appellate
Procedure,
Procedure, Appellant’s
Appellant's Brief
Brief contains
contains 5,078
5,078 words, exclusive of the the caption,
identity of parties
parties and
and counsel, statement
statement regarding
regarding oral argument,
argument, table of
contents, index of authorities,
authorities, statement
statementofof the
the case,
case, statement of issues
statementof presented,
issues presented,
statement
statement of jurisdiction,
jurisdiction, statement
statement of procedural
procedural history, signature,
signature, proof of
service, certification,
certification, and certificate of compliance.
compliance.

/s/ Justin
/s/ Justin Bradford Smith
Justin
Justin Bradford Smith

27
27
 CERTIFICATE OF SERVICE
CERTIFICATE SERVICE

I hereby
hereby certify
certify that on December
December 7,
7, 2015, a
a true and correct
correct copy of

Appellant’s
Appellant's Amended
Amended Brief
Brief was forwarded to
to the
the counsel below by
by eservice:

Bastrop
Bastrop County District
District Attorney
Greg Gilleland
Kirsten Ruehman
Ruehman
804
804 Pecan
Pecan Street
Street
Bastrop,
Bastrop, TX
TX 78602
78602
Phone: 512-581-7125
512-581-7125
Fax: 512-581-7133
512-581-7133
Email: kirsten.ruehman@co.bastrop.tx.us
kirsten.ruehman@co.bastrop.tx.us
Email: greg.gilleland@co.bastrop.tx.us
greg.gilleland@co.bastrop.tx.us

/s/ Justin
/s/ Justin Bradford Smith
Justin
Justin Bradford Smith

28
28
APPENDIX
APPENDIX

29
29
 CAUSE NO. 03-15-00276-CV

IN THE MATTER OF § IN THE JUVINILE
§
C.P., § COURT OF
§
A CHILD § BASTROP COUNTY, TX

INDEX

Tab
1 Summons and Returns
2 Judgements/ Orders
3 Texas Family Code 53.06
4 Omitted Summons for James
Pertolanitz
 TA B 1
(ON E)

SUMMONS AND RETURNS
 CAUSE NO. J-2790

IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICER IN THE STATE OF
TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the Honorable Juvenile Court of
Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at
8:30 o'clock A.M.; THEN AND THERE to
answer the allegations ofthe Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid

(X) alleged to have engaged in delinquent conduct/conduct indicating a need for
is
supervision;
0 is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whetherabove named child should be committed to
the Texas Youth Commission.
O to settle matters conceming an order of Restitution.
O to settle matters conceming Motion to Modify Disposition.
O to settle matters conceming the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case
you are
commanded to appear in order to show cause why you should not be ordered to make restitution
pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition
or pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu
of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this above
entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct
indicating a
need for supervision. A person who violates this order may be proceeded against by the issuance of a writ
of attachment
or contempt proceedings as set forth in Section 53.08 and 54.07 ofthe Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the
of May, 2012.
on this the 16th day

SARAH LOUCKS, DISTRICT CLERK
B OP CO TEXAS

d d6signated and sitting a
JuvenileCourt in said Coun .

000001
 RETURN
Came to hand the day of , 20 __;
at o'clock _.M. and executed the day of
. 20 at o'clock .M. by delivered/mailing to the within
named at in
County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of
$ .FEES-SUMMONS.....
MILAGE( )
TITLE

TOTAL....................... S

000002
 CAUSE NO. J-2790
IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TO ANY PEACE OFPICERIN THE STATE OF TEXAS-GREETINGS:
YOU ARE HEREBY COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the HonorableJuvenileComt of
Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the June 05,
2012, at 8:30 o'clock A.M.; THEN AND THERE to
answer the allegations ofthe Original Petition/Motion to
Transfer filed and attached hereto in which said child aforesaid

(X) alleged to have engaged in delinquent conduct/conduct indicating a need for
is
supervision;
0 alleged to have violated the Court's considerations of Probation and
is
this hearing is to determine whether above named child should be committed
to the Texas Youth Commission.
O to settle matters concerning an order of Restitution.
() to settle matters concerning Motion to Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is
requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make
restitution pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within
said Petition or pay child support, if applicable.

Each parent of a child,
each managing and possessory conservator of a child, each court appointed
custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished
by the
Court for contempt by a fine of not less than S 100.00 and not more than $1000.00.
In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, JAMES PERTOLANITZ, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child
in this
above entitled cause number to the hearing as the petition alleges the child engaged
in delinquent conduct/conduct
indicating a need for supervision. A person who violates this order may be proceeded against by the issuance
of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas
Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL
SEAL, on this the
on this the 16th day of May, 2012.

S LOUCKS, DISTRICT CLERK
CO TEXAS
,

designated and sitting a
Juvenile Court in said Co .

000003
 RETURN
Came to hand the day of , 20_; at o'clock _.M. and executed the day of
. 20_; at o'clock .M. by delivered/mailingto the within
named at in
County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of
S .FEES-SUMMONS.....
MKAGE( )
TITLE

TOTAL....................... $

000004
 CAUSE NO. J-2790
IN THE MATTEROF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICER IN THE STATE OF TEXAS--GREETINGS:
YOU ARE HEREBY COMMANDED TO
SUMMON:

CAMILLA BROWN LAWRENCE

TO APPEAR IN PERSON before theHonorableJuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop,Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to
answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said
child aforesaid

(X) alleged to have engaged in delinquent conduct/conduct indicating a need
is
for supervision;
O alleged to have violatedthe Court's considerations of Probation and
is
this hearing is to determine whether above named child should be
committed to the Texas Youth Commission.
O to settle matters concerning an order of Restitution.
() to settle matters concerning Motion to Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is requested
in this case you are
commanded to appear in order to show cause why you should not be ordered to
make restitution pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within
said Petition or pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each
court appointed custodian of a child,
and a guardian ofthe person of a child is required to attend
the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing
may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In
addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational
course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDEREDto bring, as set forth in
this Summons, the child in
this above entitled cause number to the hearing as the petition alleges the child engaged
in delinquent conduct/conduct
indicating a need for supervision. A person who violates this order may be proceeded against by the
issuance of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas
Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the
on this the 16th day of May, 2012.

SARAH LOUCKS, DISTRICT CLERK
B OP COUN TEXAS

duly designated and sittin a a
JuvenileCourt in said Cu .

000005
 RETURN
Cameto hand the day of , 20_;
at o'clock _.M. and executed the day of
. 20 g at o'clock _.M. by delivered/mailing to the within
named at in
County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of
$ .FEES-SUMMONS.....
MILAGE( )
TITLE

TOTAL....................... $

000006
 CAUSE NO. J-2790
IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF
TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO
SUMMON: t

TO APPEAR IN PERSON before the Honorable Juvenile Court of
Bastrop County, Texas, Second Floor of Bastop
County Courthouse, in the City of Bastmp, Texas, on the June 05, 2012, at 8:30
o'clock A.M.; THEN AND THERE to
answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid
(X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision;
O is alleged to have violated the Courfs considerations of Probation and
this hearing is to determine whether above named child should be committed to the
Texas Youth Commission.
() settle matters concerning an order of Restitution.
to

() to settle matters concerning Motion to Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to
Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition
or pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of
the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this above
entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a
need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of
attachment
or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFPICIAL SEAL, on this the
on this the 16th day of May, 2012.

SARAH LOUCKS, DISTRICT CLERK
B OP COUN TEXAS

d cresignated and sitting a a
Juvenile Court in said Coun .
FILE

S
otstrict Clerk, gasenp cot
000007
C e to hand the ay of '
206 o'clock .M. and executed the of
'
y
. 2 at o'clock . delivered/m the
named) 1( A (DO (A(.t.X261tøt in &
County, Texas; in person,a true copy of this INSTRUMENT and ang sat tness the sum of
.FEES-SUMMONS.....
MILAGE(
TITLE

TOTAL....................... $
Conrucable Pacnt.
5
Travis Geunty; T6xdš

000008
 CAUSE NO. J-2790

IN THE MATTER OF * IN THE JUVENILE

* COURT OF

A CHILD *BASTROPCOUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TO ANY PEACE OFFICERIN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO
SUMMON:

CAMILLA BROWN LAWRENCE

TO APPEAR IN PERSON before the HonorableJuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN
AND THERE to
hereto in which child aforesaid
answer the allegations of the Original Petition/Motion to Transferfiled and attached
said

(X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision;
() is alleged to have violated the Court's considerations of Probation
and

this hearing is to determine whether above named child should be committed to the Texas Youth Commission.

() to settle matters concerning an order of Restitution.
O to settle matters conceming
Motion to Modify Disposition.
O to settle matters concerning the
Disposition.

attached hereto. FURTHER if restitution or child support is requested in this case you
are
A copy of said petition is
Code
restitution pursuant to Family
commanded to appear in order to show cause why you should not be ordered to make
within said Petition or pay chíld support, if applicable.
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed

court appointed custodian of a child,
Each parent of a child, each managing and possessory conservator of a child, each
accordance with Section S I.115(a)of the Texas
and a guardian ofthe person of a child is required to attend the hearing in
who fails the hearing may be punished by the
Family Code. A person who receives the notice of the hearing, and to attend
not more than $1000.00. In addition to or in lieu of contempt,
Court for contempt by afine of not less than $ 100.00 and
to attend an educational course on the duties and responsibilities
the Court may order the person to receive counseling or

of parents and skills and techniques in raising childmn.
to bring, as set forth in this Summons, the chíld in
YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDERED
engaged in delinquent conduct/conduct
this above entitled cause number to the hearing as the petition alleges the child
proceeded against by the issuance of a writ of
indicating a need for supervision. A person who violates this order may be
Family Code.
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of
the Texas

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the

on this the 16th day of May, 2012.

SARAH LOUCKS, DISTRICT CLERK
B OP CO TEXAS

duly"designated and sittin a

JuvenileCourt in said Cu .
FILE
DATF ,

Sarah Louoks

000009
 of 20 o'clock .M. and executed the -
y of
e to hand the ay ,

at elivered/m
at _
m
nam
of this INSTRUMENT and tendering said witness the sum of
County, Texas; in person,a true copy
.FEES-SUMMONS.....
MILAGE(
TITLE

TOTAL..---··-·--"·°~ Bruce Elfant
Corssiable Pct 5
Travis Count.y,
Texas

000010
 CAUSE NO. J-2790
IN THE MATTER OF
*
IN THE JUVENILE
*
COURT OP
A CHILD
*
SUMMONS AND NOTICE TO BASTROP COUNTY, TEXAS
SHOW CAUSE
TO ANY PEACE
OFFICER IN THE STATE OF
SUMMON: TEXAS-GREETINGS: YOU ARE HEREBY
COMMANDED TO
KATHY BROWN

TO APPEAR IN PERSON before the
Honorable JuvenileCourt
County Courthouse, in the
City of Bastróp, Texas, on the of Bastrop County, Texas, Second
Floor of Bastrop
to answer the
allegations of the Petition October 28, 2014, at 8:30 o'clock
to Modify filed and A.M.; THEN AND THERE
attached hereto in which said
child aforesaid
() is alleged to have engaged
in delinquent
() is alleged to have violated conduct/conduct indicating a need for
the Court's considerations supervision;
this hearing is to determine of Probation and
whetherabove named child
() to settle matters conceming should be committed to the
an order of Texas Youth Commission.
(X) to settle matters conceming Restitution.
Motion to Modify Disposition,
0 to settle matters conceming the Disposition.

A copy of said petition is
attached hereto. FURTHER if
commanded to appear in order to restitution or child support is requested
show cause why you in this case you am
Sect. 54.041 to the above should not be ordered to make
victim(s) in the aforesaid offense(s) restitution pursuant to Family
listed within said Petition or Code
pay child support, if applicable.
Each parent of a child, each
managing and possessory
and a guardian of the conservator of a child, each court
person of a child is required appointed custodian of a child,
to attend the hearing
Family Code. A person who in accordance with
receives the notice of the hearing, Section 51.115(a) of the Texas
Court for contempt by a fine and who fails to attend the
of not less than $ 100.00 and not hearing may be punished by the
the Court may order the more than $1000.00. In
person to receive addition to or in lieu of contempt,
counseling or to attend an educational
of parents and skills and techniques course on the duties and
responsibilities
in raising children.

YOU, KATHY BROWN, ARE
HEREBY ORDEREDto bring, as set
entitled cause number to the forth in this Summons, the child
hearing as the petition alleges the in this above
need for supervision. child engaged in delinquent
A person who violates this order conduct/conduct indicating a
or contempt may be proceeded against by the
proceedings as set forth in Section 53.08 issuance of a writ of attachment
and 54.07 of the Texas
Family Code.
HEREIN FAIL NOT, but make due retum of this writ. WITNESS BY
on this the 23rd day
of October, 20 14.
SIGNATUREAND OFFICIAL SEAL, on this the

SA LOU KS, DIS LERK

dul d ignat an satt
' g as a
Juve ile Court said C unty. .

000011 Î.
 RETURN
Came to hand the day of , 20 at o'clock .M. and executed the
20
_;

day of
. at_; o'clock _.M. by delivered/mailingto the within
named
at in
County, Texas; in person,a true copy of this INSTRUMENT and
$
tendering said witness the sum of
.FEES-SUMMONS.....
MILAGE( )

TITLE

TOTAL....................... S

000012
 CAUSB NO. J-2790

IN THE MATTER OP *
IN THE JUVENILE

*
COURT OF
A CHILD * BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU ARE
HEREBY COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second
Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30 o'clock A.M.; THEN
AND THERE
to answer the allegations of the Petition to Modify filed and
attached hereto in which said child aforesaid

- alleged to have engaged in delinquent conduct/conduct indicating a need for supervision;
() is
() is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas Youth
Commission.
() to settle matters conceming an order of Restitution.
(X) to settle matters conceming Motion to Modify Disposition.
- () to settle matters conceming the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to
Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child
support, if applicable.

Each parent of a
child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of theperson of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than S 100.00 and not more than $1000.00. In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties
and responsibilities
of parents and skills and techniques in raising children.

YOU, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this
above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct
indicatíng a need for supervision, A person who violates this order may be proceeded against by the issuance of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the
on this the 23rd day of October,2014.

SARAH LOUCKS, DISTRICT CLERK
BA C TEXAS

duly esi d tting as a
Juven le Cou in sai County.

000013
 RETURN
Came to hand the day of , 20_; at o'clock _.M. and executed the day of
20__; at
. o'clock .M. by delivered/mailingto the within
named at in
County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of -

$ .FEES-SUMMONS.....
MILA GE( )
TIRE
TOTAL....................... S

000014
 CAUSE NO.1-2790

IN THE MATTER OF *
IN THE JUVENILE

A CHILD
SERVED *
°""T°'

BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TOANY PEACE OFFICER IN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY
COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County,
Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30 o'clock A.M.; THEN AND THERE
to answer the allegations ofthe Petition to Modify filed and attached hereto in which
said child aforesaid

() alleged to have engaged in delinquent conduct/conduct indicating a need for supervision;
is

() is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas Youth Commission.
() to settle matters concerning an order of Restitution.
(X) to settle matters conceming Motion to Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, KATHY BROWN, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above
entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a
need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment
or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the
on this the 23rd day of October, 2014.
Me F ID -cM-lj S'.DO gM
SARA LOU KS, DISTRICT CLERK RT L 90 | Ar

duly de ignat an sitt g as a
Juve ile Court said C unty. ( (LT -

000015
 RETURN
ÄLI
Came to hand the Aday of ??( Á , 20$at /V.7/.V o'clock . and executed the2/‡¾day of
20þat få
g¿J /~jf . o'clockg. by delivered/mailingto the within
named M./ fy;-/ at in yfp'f//m /
County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of
$ .FEES-SUMMONS..... Trg« /// ryr
MILAGE( )
j')//M•r Ñ.xA/Æg
TITLE
I

TOTAL.......................$

000016
 CAUSS NO. J-2790

IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUN Y, T XAS -
S
SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU
ARE HEREBY CO
SUMMON

TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop
County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30
o'clock A.M.; THEN AND THERE
to answer the allegations of the Petition to Modify filed and attached hereto in which said child aforesaid

() isalleged to have engaged in delinquent conduct/conduct indicating a need
for supervision;
() is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas
Youth Commission.
() to settle matters concerning an orderof Restitution.
(X) to settle matters conceming Motion to Modify Disposition.
() to settle matters conceming the Disposition.

A copy of said petition is attached hereto. FURTHERif restitution or child support is requested in this case you are
I
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code
(
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child
support, if applicable.

Each parent ofa child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) ofthe Texas
a

Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, . -
, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this
above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct
indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the
of October,
on this the 23rd day 20 14.

SARAH LOUCKS, DISTRICT CLERK
BA T C TEXAS

duly esig a e d tting as a
Juven le Cou in sai County.

Filed m

NOV 10 2OR
Sarah Louolts
Oistrict Clerk, Bageggggunty
 RETURN
Came to hand the f day of Ѿ , 20 at fa, o'clock _rÁM. and executed the day of
. 20
•
at o'clock _.M. by delivered/mailingto the within
named at in
County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of
$ .FEES-SUMMONS.....
MILAGE( )
TITLE

TOTAL....................... S

FHed m

NOV 1 0 20 N
Sarah Loucke
District Gerk, Bas0 Ob&nty
 CAUSE NO. J-2790
IN THE MATTER OF
*
IN THE JUVENILE
*
COURT OF
A CHILD
*
BASTROP
SUMMONS AND NOTICE TO SHOW CAUSE COUNTY, TEXAS
TO ANY PEACE OFFICERIN
THE STATE OF TEXAS--GREETINGS:
SUMMON: YOU ARE HEREBY COMMANDED TO

TO APPEAR IN PERSON before the Honorable Juvenile
Court of Bastrop County, Texas, Second
County Courthouse, in the City of
Bastrop, Texas, on the April 21, 2015, at 8:30
Floor of Bastrop
answer the allegations of the o'clock A.M.; THEN AND THERE to
Original Petition/Motion to Transferfiled and
attached hereto in which said child aforesaid
0 isalleged to have engaged in delinquent
conduct/conduct indicating a need for supervision;
0 isalleged to have violated the Court's
considerations of Probation and
this hearing is to determine whether
above named child should be committed
to the Texas Youth
O to settle matters concerning an order of Restitution. Commission.
(x) to settle matters concerning Motion to
Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition is attached hereto.
FURTHERif restitution or child support is requested in
commanded to appear in order to show cause this case you are
why you should not be ordered to make
Sect. 54.041 to the above restitution pursuant to Family Code
victim(s) in the aforesaid offense(s) listed within said
Petition or pay child support, if applicable.
Each parent of a child, each managing and
possessory conservator of a child, each court appointed
and a guardian of the person custodian of a child,
of a child is required to attend the hearing in accordance
Family Code. A person who receives the notice with Section 51.115(a) of the Texas
of the hearing, and who fails to attend the hearing
Court for contempt by a fine of not less may be punished by the
than $ 100.00 and not more than
the Court may order the person to
$1000.00. In addition to or in lieu of contempt,
receive counseling or to attend an educational
of parents and skills and techniques in raising course on the duties and responsibilíties
children.

YOU, KATHY BROWN, ARE HEREBY ORDEREDto bring, as
set forth in this Summons, the child in
entitled cause number to the hearing as the petition this above
alleges the child engaged in delinquent
need for supervision. A person who conduct/conduct indicating a
violates this order may be proceeded against
or contempt proceedings as set forth
by the issuance of a writ of attachment
in Section 53.08 and 54.07 of the Texas
Family Code.
HEREINFAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL
of April, 2015.
on this the 16th day SEAL, on this the

SA LOUCKS, DISTRICT CLERK
BA T C , S

duly esi t and sit
°
g as a
SCANNED
Juve ile Cour in said unty.

000019
 RETURN
Came to hand the day of ,20_; at o'clock _.M. and executed the day of
. 20 __;
at o'clock _.M. by delivered/mailingto the within
named at in
County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of
S .FEES-SUMMONS.....
MILAGE( )
TITLE

TOTAL....................... S

000020
 CAUSE NO. J-2790
IN THE MATTER OF
*
IN THE JUVENILE
*
COURT OF
A CHILD
*
BASTROP
SUMMONS AND NOTICE TO SHOW CAUSE COUNTY, TEXAS
TO ANY PEACE OFFICERIN
THE STATE OF
SUMMON: TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED
TO

CAMILLABROWN LAWRENCE

TO APPEAR IN PERSON
before the HonorableJuvenileCourt of Bastrop
County Courthouse, in the City of County, Texas, Second Floor of Bastrop
answer the allegations
Bastrop, Texas, on the April 21, 2015, at 8:30 o'clock A.M.; THEN AND THERE to
of the Original Petition/Motion to Transfer filed and
attached hereto in which said child aforesaid
0 alleged
is to have engaged in delinquent
conduct/conduct indícatinga need for supervision;
0 is alleged to have violated the Court's considerations
this hearing is to determine
of Probation and
whether above named child should be
committed to the Te×as Youth Comrnission.
O to settle matters concerning an order of
Restitution.
(x) to settle matters concerning Motion
to Modify Disposition.
O to settle matters concerning the Disposition.

A copy of said petition is attached
hereto. FURTHERif testitution or child
commanded to appear in order to show cause support is requested in this case you are
why you should not be ordered to make restitution
Sect, 54.041 to the above pursuant to Family Code
victim(s) in the aforesaid offense(s) listed within said
Petition or pay child support, if applicable.
Each parent of a child, each managing
and possessory conservator of a child, each court appointed
and a guardian of the
person of a child is required to attend the custodian of a child,
hearing in accordance with Section
Family Code. A person who receives the 51.115(a) of the Texas
notice of the hearing, and who fails to attend
Court for contempt by a fine of not less than the hearing may be punished by the
S 100.00 and not more than
the Court may order the person to $1000.00.In addition.to or in lieu of contempt,
receive counseling or to attend an
of parents and skills and techníques in raising educational course on the duties and responsibilities
children.

YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDERED
this above
to bring, as set forth in this Summons, the child
entitled cause number to the heating as the
petition alleges
in
the child engaged in delinquent conduct/conduct
indicating a need for supervision, A person who
violates this order may be proceeded against
attachment or contempt proceedings as set forth by the issuance of a writ of
in Section 53.08 and 54.07 of the
Texas Family Code.
HEREIN FAIL NOT, but make due return of
this writ. WITNESSBY SIGNATURE AND
of April, 201S.
on this the 16th day OFFICIAL SEAL, on this the

SARAH LOUCKS, DISTRICT CLERK
S P Y

du esign ns ing as a
SCANNED
Ju nile Co in said ounty.

000021
 RETURN
Came to hand the day of , 20_; at o'clock _
.M. and executed the day of
. 20_; at o'clock .M. by delivered/mailing to the within
named at in
County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of
$ .FEES-SUMMONS.....
MILAGE( )

TITLE

TOTAL....................... $

I

\
\

\l
I
.
000022
 CAUSE NO. J-2790

IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF
A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:
YOU ARE HEREBY COMMANDED TO
SUMMON:

JAMES PERTOLANITZ

TO APPEAR IN PERSON before the HonorableJuvenileCourt of Bastrop County, Texas, Second Floor
of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the April 21,
2015, at 8:30 o'clock A.M.; THEN AND THERE to
answer the allegations of the Original Petition/Motion to Transferfiled
and attached hereto in which said child aforesaid

0 is alleged to have engaged in delinquent conduct/conduct
indicating a need for supervision;
0 is alleged to have violated the Court's considerations of Probation and
this hearing is to determine
whether above named child should be committed to the Texas Youth Commission.
O to settle matters concerning of Restitution.
an order
(x) to settle matters concerning Motion to Modify Disposition.
O to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHER if restitution or child support is
requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant
to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or
pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a
child, each court appointed custodian of a child,
and a guardian of the person of a child .is required
to attend the hearing in accordance with Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the
hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In
addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an
educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, JAMES PERTOLANITZ, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this
above entitled cause number to the hearing as the petition alleges the child engaged in delinquent
conduct/conduct
indicating a need for supervision. A person who violates this order may be proceeded against
by the issuance of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due retum of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the
of April, 2015.
on this the 16th day

S OUCKS, DISTRICT CLERK
S S

du
Juv
esi
nile Co
n nd
in said
s ng as
ounty.
a
SCANNED

000023
 RETURN
Came to hand the day of ,20_; at o'clock .M. and executed the dãy of
. 20_; at o'clock .M. by delivered/mailingto the within
named at in
County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of
S .FEES-SUMMONS.....
MILAGE( )

TITLE

TOTAL....................... $

000024
 CAUSE NO. J-2790

IN THE MATTER OF *
IN THE JUVENILE
*
COURT OF

A CHILD *
BASTROP COUNTY, TEXAS
SUMMONS AND NOTICE TO SHOW CAUSE

TO ANY PEACE OFFICER IN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the April 21, 2015, at 8:30 o'clock A.M.; THEN AND THERE to
answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which
said child aforesaid

0 alleged to have engaged in delinquent conduct/conduct indicating need for supervision;
is a

() is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas Youth Commission.
() to settle matters concerning an order of Restitution.
(x) to settle matters concerning Motion to Modify Disposition.
O to settle matters concerning the Disposition.

A copy of said petition is attached hereto. FURTHERif restitution or child support is requested in this case you are
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with
Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt,
the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities
of parents and skills and techniques in raising children.

YOU, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this
above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct
indicating a need for supervision. A pemon who violates this order may be proceeded against by the issuance of a writ of
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREINFAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the
of April, 2015.
on this the 16th day

SAR L, UC , DISTRICT CLERK
BA T : S

duly
Juve
esign
ile Cour
t d

said
si n
unty.
SCANNED

000025
 of 20_; at o'clock _.M. and executed the day of
Came to hand the day ,

.20_; at o'clock ,M. by delivered/mailingto the within
at in
named
of this JNSTRUMENTand tendering said witness the sum of
County, Texas; in person,a true copy
$
.FEES-SUMMONS.....
MIL AGE( )
TITLE

TOTAL.......--...-. $

000026
 TA B 2
(
TW O)

JUD GEMENTS/ ORDERS
 NO. J-2790
IN THE MATTER OF X IN THE COUNTY COURT AT LAW

X BASTROP COUNTY, TEXAS

X SITTING AS A JUVENILE COURT

ADJUDICATION HEARING JUDGEMENT

ON THIS the day of cKl/2 G , 20.G, A.D., in this Court sitting as a Juvenile Court, there . •-

hearing for consideration ofthe matters in the above styled and numbered cause, wherein by proper petition the said
is alleged to have engaged in CONDUCT INDICATING A NEED FOR
SUPERVISlON.

The Court finds that said child was born on the i day of Jurie, 19.9..2, A.D.,

And after due notice had been served on all parties for the time required by law, came and appeared the petitioner by its
Attorney and announced ready for such hearing. And thereupon also came the child, who appeared in person, with _hj: attomey,
Forest Sanderson (appointed) also being present, with his mother, Camilla Brown Lawrence, also being present; and the child and his
attorney having waived the ten (10) days for preparation for such hearing, and the right to a trial by jury, in writing; and all parties
announced ready for such hearing; and thereupon the Court after hearing the pleadings ofall the parties and after hearing the evidence
and closing argument of counsel, finds beyond a reasonable doubt that the following allegations in the petition filed
hearing are true
and supported by the evidence, to wit:

CHARGES OF CONDUCT INDICATING A NEED FOR SUPERVISION

Count One:

That on or about the 5* day of March, 2012 in the County of Bastrop, State of Texas, hereinafter called respondent,
did then and there intentionally or knowingly cause the penetration orthe mouth of a pseudonym, a child who was th
and there younger than fourteen years of age, by the respondent's sexual organ.

e re dent,

ITIS THEREFORE CONSIDERED AND ADJUDGED BY THE COURT THAT has engaged in
conduct indicating a need for supervision whhin the meaning of Section 51.03, Title 3 ofthe Texas Family Code, and
is so adjudged.

Furthermore, said child is ordered to comply with the below statements, when checked, and when the adjudication of delinquent conduct
included a violation ofa penal law of the grade of felony or a jailable misdemeanor

( ) Affix your thumbprint with ink in the space provided on this Order.

( ) Submit to the taking of a recent photograph of yourself to be attached to this Order

o(E
District Clerk, Eastrop county
R:09fl004 Adjudication Hearing Judgement.dot

11

000001
 NO.g

(N THEWIATTER OF X IN THE COUNTY COURT AT LAW

X BASTROP COUNTY, TEXAS

X SITTING AS A JUVENILE COURT

NUNC PRO TUNC
ORDER REVOKING PROBATION

ON THIS the i day of Antil, A.D., 205, came on to be heard the written petition of the State of Texas by and tiuough its
assistant district attomey of Bastrgp County, Texas, for revocation of the probation heretofore granted by this Cotut in this cause on the
day of J.gn.ee, A.D., 20)2, wherein the said declared to have engaged in delinquent conduct/conduct indicating a
s

need for supervision. The said child was placed under this Court and under its care, guidance, and control; the said child
e jurisdiction of
was placed on probation; and the reasonable and lawful tenns and conditions of said probation which were determined by the Court among
other things provided:

I. Commitno offense against any law of the United States or any City, County, State or political subdivision thereof.

2. Report to your probation officer as requested at least once a month.
3. Permit the probation officer to visit you at home or elsewhere without restriction, reluctance, or delay.
4. Remain in Bastrop County, and receive prior permission from the probation office to leave the county, unless you are in the
company of your parent/guardian. Receive permission from this Court prior to a change of residence or a leave from Texas.

5. Submit to urinalysis for assessment of substance abuse as directed by the juvenile probation office.
6. Do not associate with:
a. persons, adult or juvenile, on probation or parole;
b. the victim(s) of the offense(s)
committed by you;
c. the co-defendant(s) of the
committed by you;
offense(s)
d. persons who associate with, or, persons who are members of a gang;
e. persons who use or sell drugs;
f. anyone not approved by your parent/guardian and the probation officer;
and
specifically·
g.

7. Abstain from the use of and do not possess alcoholic beverages, intoxicating substances, ordmgs (unless used with your doctor's
prescription).

8. Attend school regularly as scheduled, Obey all school mies and regulations and promptly report class absences to the probation
office.
9. Pay Court appointed attomey fee $250.00 to the Bastrop Ceynty Juvenile Probation Department of Bastrop, County, Texas, by Januarv
21 2016. Payments in the amount of $22.
10. Pay court cost of S.20g this date to the pistrict Clerk of Ba2:og County, Texas.

11. Pay S JSB a month as a probation supervision fee by the 10th day of each month to the Probation Office of Bastrop County,
Texas.

12. Satisfactorily perform Seventy-five (75) hours of personal services to the community by January 23, 20]§, as directed by the
juvenile probation office.

13. Participate, cooperate and complete the educational intervention programs approved by the Juvenile Court as directed by the
Juvenile Probation Office.

14. Compose an acceptable lener of apology to the victim(s) and present it to my probation officer for the purpose of mailing.

15. Your drivers license may be suspended or issuance of a license denied should the Court find you in violation of a condition of
probation.

16. ReimburseS10.00 to the probation office in Bastrop County, Texas to defray the cost of processing each positiveurinelysis test.

SCANNED
R: 01/2012 Distdet Clodt, Sastrop County

62
000002
 NO.]-2790 NUNC PRO TUNC
ORDER REVOKING
PROBATION
PAGE TWO
17. Do not possess any
guns, knives, or any weapons
ofany kind.
18. If applicable, submit to DNA testing as directed by the Juvenile
Probation Department.
19.
-icipate and complete the
residential adolescent
program at Pegasus School,
INC., . . ..

ADJUDICATED SEX OPFENDER
REQUIRMENTS:
1. Attend counseling provided
by a registered sex
2. Submit to polygraph offender treatment provider.
examinations if requested.
3. Register as a sex
offender es established
by Chapter 62, Code
Program within ten days. of Criminal Procedure, Sex
4. Do not have contact
Offender Registration
with any person under
5. the age of 10, without
Parent is responsible supervision of a responsible
for any and all aduft,
fees incurred for Sex
Criminal Procedure. Offender Counseling and required
by Chapter 62, Code
6. Submit to blood sample of
of other specimen to the
Criminal Procedure. Department of Public
Safety as required by
7.
Chapter 62. Code of
Do not view or
possess any materials
8.
that would be considered
Apply for and obtain a pomographic.
driver's licenseor identification
Article 62.065, Cod of card from the DPS
Criminal Procedure. within thirty days of this
order as required by
and the Court having
heard the evidence offered
by the State of Texas
probation the child violated and having considered
the terms and conditions the same finds that
thereof in the following within the period of said
paniculars, to-wit:
19.
d complete the residential
adolescent program at Pegasus
School, INC.,
A. ,
unsuccessfully discharged from Pegasus
Flkli .
And that the said violation
of the conditions of his probation
elTect. as aforesaid were committed
while the said probation
was in full force and

The Court finds it is in the community's and the child's best
reasons: interest for the Respondent
to be placed outside
his home for the
following
a. To deter any further
anti-social conduct.
b. To establish proper supervision
for the Child.
c. For the protection and the
well-being of the Child and the
d. Child needs to be held community,
accountable for his offenses.

'The Court finds the
following reasonable efforts have
from his home and to make been made to prevent
it possible for thechild to or eliminate the need
retum to his home: for the child to be
removed

1. Attend participate and complete
the Residential
2. Adolescent Sex Offender Program
Electronic Monitoring at Pegasus
3. Cen-Tex Anger Management
Program provided by Dr.
4. Outpatient Sex Offender Jil1Flores
Counseling with John
MorrisLSOTP

-y R: 01ß012

63
000003
 NUNC PRO TUNC
NO. J-2790 ORDER REVOKING PROBATION PAGE FOUR

The court fmther finds that the childis in need of rehabilitation, and that the protection of the public and the child requires that disposition
be made. The court also (mds that the best interest of the child and the best interest of society will be served by placing the child outside
his home and committing the child to the care, custody and control ofthe Texas Juvenile Justice Department, for the following reasons·

a. To deter any further anti-social conduct.
b. To establish proper supervision for the Child.
c. - Forthe protection and the well-being ofthe Child and the community.
I d. Child needs to be held accountable for his offenses.
I

The Court finds the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child
needs to meet the conditions to reside in a community or residential facility. The court finds that the child has been removed from his
home and the Court approves the removal.

IT IS THEREFOREORDERED,ADJUDGED, AND DECREED THAT THE PROBATION heretofore granted to the child in this cause
is hereby revoked; that the finding of delinquent
conduct heretofore made in this cause is made finaL The said child is

hereby committed to the care, custody and control of the Texas Juvenile Justice Department in accordance with Human Resources Code,
Chapter 61. The child is ordered placed in custody of the County Juvenile Probation Department pending transportation to the proper
Texas Juvenile Justice Deparanent facility.

°
The Court finds that Camilla (BIpssum) Lqwrença the mother responsible for supporting After no e illa
(Bjessum) Lawrence given reasonable opportunity to be heard conceming her ability to pay for the support of while is

committed to the Texas Juvenile Justice Department.

Ilie Court finds Camilla (Blossuni) Lawrence js gþJIe to make payments for the support -Blt is ordered that Camilla
1 Lawrence make payment to the Texas Juvenile Justice
Department for de ral Revenue fund for the support og
Lin the amount of 520.00 on the first day of each gigngh while is committed to the Texas Juvenile Justice

The Court acknowledges outstanding fees in the following amounts:

Supervision S 0ß.0
Restitution S 9200
Attomey S .QM

The Court hereby waives said fees, .0..92.

111e Court further acknowledges incomplete comniunity service restitution in the amount of hours. The Court hereby waives these
hours.

The Court finds as the following educational needs:

Child must continue his education at the Texas Juvenile Justice Department.

R: 01/1012

64

000004
 NUNC PRO TUNC
NO. J-2790 ORDER REVOKING PROBATION PAGE FIVE

The disposition ordered herein addresses educational needs in the following manner
Child must continue his educar Ion at Texar .htvenile .Iustice Department

The Clerk of the Court will famish the child a copy of this order taking his/herreceipt therefore.

SIGNED AND ENTERED ON THIS TRE 2.È day of Agrij, 20)J A.D.

ty omtytÎ.aw
Baptrop County, Texas
Duly Designed and Sining as a Juvenile Court
in said County

On entry of the above and foregoing Order, the Court notified the child and his/her parent or guardian of the child's right to
appeal, of the
child's right to representation by counsel on appeal and of the child's right to appoinanent of an attomey for appeal if an
attomey cannot be obtained because of indigency, and the Court instructed the attomey for the child to advise the child and his parent,
guardian, or guardian ad litem of the child's right to appeal, of the child's right to appointment of an attomey for appeal if an attomey
cannot be obtained because of indigence. The attomey was fmther instmoted that if the child, and his parent, guardian, or guardian ad
litem expressed a desire to appeal, the attomey shall file a notice of appeal with is Court and inform this Court whether or not he will

handle the appeal.

Juv ile Court Judge

On this the i day of April, 20 g, A.D., a twe, correct and complete copy of the above and foregoing Order Revoking Pobation
(including any instrument attached thereto) was fumished to the child.

Juvenile Court erk

FILED M
DA
' ·

Distrkd Clodt, 888tt0P M
R: 01ß012

65

000005
 TAB 3
(THREE)

TX FAMILY CODE 53.06
§ 53.06. Summons, TX FAMILY § 53.06

Vernon's Texas Statutes and Codes Annotated
Family Code (Refs & Annos)
Title 3. Juvenile Justice Code (Refs & Annos)
Chapter 53. Proceedings Prior to Judicial Proceedings

V.T.C.A., Family Code § 53.06

§ 53.06. Summons

Currentness

(a) The juvenilecourt shall direct issuance of a summons to:

(1) the child named in the petition;

(2) the child's parent, guardian, or custodian;

(3) the child's guardian ad litem; and

(4) any other person who appears to the court to be a proper or necessary party to the proceeding.

(b) The summons must require the persons served to appear before the court at the time set to answer the allegations of the
petition. A copy of the petition must accompany the summons.

(c) The court may endorse on the summons an order directing the person having the physical custody or control of the child to

bring the child to the hearing. A person who violates an order entered under this subsection may be proceeded against under

Section 53.08 or 54.07 of this code.

(d) If it appears from an affidavit filed or from swom testimony before the court that immediate detention of the child is
warranted under Section 53.02(b) of this code, the court may endorse on the summons an order that a law-enforcement officer

shall serve the summons and shall immediately take the child into custody and bring him before the court.

(e) A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

Credits
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, § 29, eff. Jan. 1, 1996.

Notes of Decisions (96)

V. T. C. A., Family Code § 53.06, TX FAMILY § 53.06

WesttawNext'©2015 Thomson Reuters. No claim to original U.S. GovemmentWorks. 0000011
§
53.06. Summons, TX FAMILY § 53.06

of the 2015 Regular Session of the 84th Legislature
Current through the end

original U.S. Govemment Works.
© 3015 Thomson Reuters. No claim to
End of Document

WestlawNext'©2015 Thomson Reuters. No claim to original U.S. GovemmentWorks. 000002 2
 TAB 4
(FOUR)

OMITTED SUMMONS FOR
JAMES PERTOLANITZ
 SERV
CAUSE NO. J-2790

IN THE MATTER OF * IN THE JUVENILE

COURT OF

A CHILD * BASTROP COUNTY, TEXAS
SUMMONSAND NOTICE TO SHOW CAUSE

TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO
SUMMON:

TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop
County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THEREto
answer the allegations of the Original Petition/Motionto Transferfiled and attached hereto in which said child
aforesaid

(X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision;
O is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas Youth Commission.
O to settle matters concerning an order of
Restitution.
() to settle matters concerning Motion to Modify Disposition.
() to settle matters concerning the Disposition.

A copy of said petition attached hereto. FURTHER if restitution or child support is requested in this case you are
is
commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code
Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child
support, if applicable.

Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child,
and a guardian of the person of a child is required to attend the hearing in accordance with
Section 51.115(a) of the Texas
Family Code. A person who receives the notice of the hearing, and who faits to attend the hearing may be punished by the
Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu
of contempt,
duties and responsibilities
the Court may order the person to receive counseling or to attend an educational course on the
of parents and skills and techniques in raising children.

YOU, JAMES PERTOLANITZ, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the
child in this
engaged delinquent conduct/conduct
above entitled cause number to the hearing as the petition alleges the child in
issuance of a writ of
indicating a need for supervision. A person who violates this order may be proceeded against by the
attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.

HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the

on this the 16th day of May, 2012.

SA LOUCKS, DISTRICT CLERK
COUN TEXAS ,

duly designated and sitting a

Juvenile Court in said Cou .

Sarah Loucks
/./7. fe °""fot cies, wa, 000001
\

RETURN
Came to hand the day of RO- , 2 at jT DÇ o'clock .M. and executed the day of
ph. (
. 20 at M1 o'clock .M. by delivered/maili to the within
named To. perkk 2. at at in
County, Texas; in pelson,a true copy of this INSTRUMENT and tendering sa witness the sum of
$ .FEES-SUMMONS.....
MILAGE( ) Terry Pickering, wheriff
TITLE

TOTAL....................... $

000002