Paulding County Trial Record Part One

--
-.,,
r
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE, )
)
,
Plaintiff. )
,
v. ) CIVIL ACTION FILE
) NO. OS-CV-1124-JO I
I
EUSA M. LOWE, )
-0
... -.
,.. ..
c:: C:''''
Defendant. )
)
.... r
.
S! 2:
:z:
Zo
I CJ_
NOTICE OF APPEAL 0<>
or-:C W
ct"'l oZ
Z"v>
c
Notice is hereby give that Elisa M. Lowe, the Defendant in the above-captioned
""0
::s
made an application for a discretionary appeal of the issues litigated in the above-captioned ges
....
Your Defendant, Elisa M. Lowe shows thai her application for discretionary -<c
s::- j":
GRANTED on May 25, 2011. A copy of said Order granting the discretionary appeal is attUl:heil CO
CJ
to tbis pleading and is to be made a part oflbe official trial record.
l>
The Clerk will please forward the entire contents of the trial record omitting nothing from
the trial record.
The transcript ofevidence and proceedings ofthe fmal hearing conducted on April 6,20 I J.
denying your Defendant's Motion for New Trial and Motion to Set Aside will be filed for inclusion
in the record on appeal.
The Court of Appesls, mtber than the Georgia Supreme Court has jurisdiction over tbis
matlerasunderilieprovisions ofOCGA 5-6-35 (a}(2), appeals from judgments or orders in divorce,
alimony, child custody. and other domestic relations cases must be taken by application. Matters of
child support fall into tbe category of'other domestic relations' and are therefure within the purview
ofOCGA 5-6-35 (a) (2).
While on appeal, the orders and judgments of the trial court are suspended as Ihe Court of
Appeals now bas jurisdiction over the matters at issue in the above-captioned case.
Tbe above- referenced transcript ofevidence and proceedings of the above-caplioned case
are 10 be transmitted as a part of tbe record on appeal .
. ?-. ,,",."_2011
S.bmi....."-..L-
Elisa M. Lowe
Appellant
ProSe
279 Crossroads Estates Road
Newnan, GA 30265
(404) 704-7058
1
--
---
/
MICHAEL L. LOWE,
Plaintiff,
v.
ELISA L. SMlm,
Defeadaot.
STATE OF GEORGIA
)
)
)
) CIVIL ACTION FILE
) NO.08-CV1124..J0
)
)
)
Certificate of Service
COMES NOW, Elisa M. Lowe and certifies that she has filed the following document In the
above-captioned case and shows that she has mailed, via certified mail, a copy of her
NOTICE OF APPEAL to Martin Valbuena, attorney of record for the Plaintiff
Said NOTICE OF APPEAL was mailed, via Certified Mail to Plaintiffl Appellee's Attorney of
Record as follows
Martin Enrique Valbuena
."
:to
113 Vlliale Walk, Suite B "
C:;..,.
;1'
r-
P.O. box 1125 :; p. e
or
:;rr,
Dallas, Georgia 30132 ;,. Z
n , c;:;C
w
c"'
gz
Z"""<n ""tJ
-":t; :::It c:
C
So Certified this 3rd day of June, 2011
.... ", z...,..
n r
.....
o -<

0 or :<('
... Z (D "
Vt ..

J
Certified Mall' Z/9 r ? tp;2gG?t> 4 II)
2
---
FILED IN OFFICE
j./f.IJtOING COUNTY. Ijl.
IN THE SUPERIOR COURT OF PAULDING COUNfrAPR 20 PIt"r 31
STATE OF GEORGIA
MICHAEL L. LOWE,
Plaintiff,
)
)
)
TIlEY'" W. SHEL rON
CUlt!(
PHLINN. QllNTY ....n
) NO.OB-CV-1124-JO
ELISA M. LOWE, )
)
Defendant. )
NOTICE OF APPEAL
Notice is hereby give that Elisa M. Lowe, the Defendant in the above-captioned case, hereby
appeasl to Court of Appeals of Georgia from the (mal Order entered in this action on
January 5, 2011 and the Denial of the Motion to Set Aside entered in this action on
Apri16,2011.
Motion to Set Aside was filed on February 4, 20 II and denied and overruled on April 6, 2011.
The Clerk will please omit the following from the record on appeal: Nothing.
The transcript ofevidence and proceedings will be filed for iIM:lusion in the recordon appeal.
The Court of Appeals, rather than the Georgia Supreme Court has jurisdiction over this
matter as under the provisions ofOCGA 5-6-35 (a) (2), appeals from judgments or orders in divorce,
alimony, child custody. and other domestic relations cases must be taken by application. Matters of
child support fall into the category of' other domestic relations' and are therefore within the purview
ofOCGA 5-6-35 (a) (2).
The transcript ofevidence and proceedings of the above-captioned case are to be transmitted
as a part ofthe record on appeal.
Submitted this 20 day ofApril, 20II
Newnan, GA 30265
(404) 104-10SS
3
-,
-
'--

FILED IN OFFICE
I' MflOING COUNTY. Gt.
IN TIlE SUPERIOR COURT OF PAULDING 20 PIt It: 37
STATE OF GEORGIA
ritE"" W. SHELTON
MICHAEL L. LOWE, ) CLUII
PIIIn
)
Plaintiff, )
) NO.08-CV-1l24-JO
EUSA M. LOWE, )
)
Defendant
CERnFICATE OF SERVICE
COMES NOW, Elisa L. Lowe, and certifies that she has filed the following document In the above-captloned
case and shows that she has mailed, via registered mail, a copy to Martin Valbuena, attorney of record for the
Respondent:
NonCE OF APPEAL
Said documents were mailed. via U.S. Registered Mall. to Plaintiffs Attorney of Record as follows:
Martin Enrique Valubena
113 Village Walk. Suite 8
P.O. Box 1125
Dallas, Georgia 30132
Petitioner
ProSe
4
----

i &sa
SUMMONS - Sc.sS1
\.t ... .. .. \
s!!M!!!Qtl!
SC45-1
IN COURT OF Y \:.r .COUNTY
STATE OF GEORGIA
L L, '-\)''Sa
DB-CV- L{- J 0
PLAINTII'P
VS.
,L.'>;t\ L.
DEFENDANT
SUMMONS
TO THE ABOVE NAMED DEFENDANT:
You are hereby summoned IUId required to file wilb lite C\crt of said COlIn and werve upon !he Plaintiff's attorIICly. wboae I\IIIIC
and .selma is:
"""" N \\) \ \J \S. f\

\ ""S\) \ 5.
an answer to the complaint whidl is herewilb aerved Upoll you, within 30 days after aervice of Ibis ._upon you, exclusive
of die dly of lI.II"Vice. If you fail to do 10. judBmetlt by will be takeI1apinlt you for die reUcf domaaded in die c:ompIalm.
This 1.th day of /?7(),'> c.h .:mAL.
Clerk of Superior/SlIte Court
By _____________________________
Deputy Clerk
AalIdi ............. fw ........ pmic:lir ................. oalWl ..... if .............,
5
- - - - ~ - ~ - - - - -
....
~
\w ....I
STATE OF GEORGIA
MICHAEL L. LOWE,
*
*
Plaintiff, CIVIL ACTION FILE NO.,: -I
CI
;.
* ;:: T,
c; ", co
r-
*
:; '"
::r:: C,..
v. 08 CV lli!1. - J 0 z < >
*
:::0
-.""
C),..,'!''' 2:0
n" I
* o r - ; ~
c)
ELISA L. SMnH,
c:'" .
.t:"
nZ
Z"'Vl
* .... ,,;x: -0
Co
c...,
-< .... ::r::
* n ,.. z ~
Defendant.
o -I ....
*
~
l6 0
..eo
en . ,."
;;: Z
N c;')
,.
COMPLAINT fOR CHANGE OF CUSTODY
Plaintiff Michael L. Lowe fifes this Complaint for Change of Custody
against Defendant Elisa L. Smith, pursuant to O.C.G.A. 19-9-1 and -3 and
19-9-40 et. seq., and shows the Court as follows:
1.
Plaintiff Is a Paulding County, Georgia resident. Up until February 22, 2008,
Defendant was a Fulton County, Georgia reSident. Defendant left the state Friday,
February 22,2008 and moved to the Nashville, Tennessee area.
2.
Defendant's address in the Nashville, Tennessee area is unknown, and
Defendant will not provide her address to Plaintiff. Plaintiff's counsel has
attempted to locate Defendant's boyfriend's address, but has only been able to
locate a possible P.O. Box address for him. Plaintiff will continue to attempt to
locate an address for Defendant, and If unable to do so will seek to serve
Defendant by publication.
6
'
\w
"wi
3.
Plaintiff and Defendant are the parents of two (2) minor children: Zachary
Thomas Lowe, DOS: 5/7/1995, Age 12 and Evan Michael Lowe, DOB: 7/9/1997,
Age 10.
4.
Plaintiff and Defendant were previously married, and they were divorced
in Coweta County, Georgia in Civil Action No. 99-V-447. The Court entered the
Final Divorce Decree on April 6, 2000 and an Amended Final Divorce Decree on
May 17, 2000. True and correct copies of the Final Divorce Decree, Amended
Final Divorce Decree, incorporated Agreement and Amendment to Agreement
are attached hereto as Exhibits \\A," "B, " "C," and "D."
5.
Subsequent to their divorce, Plaintiff flied a Petition for Modification of
Child Custody and Child Support in Coweta County, Georgia in Civil Action File
No. 04-V-32. The Court held a Final Hearing on April 12, 2005. A proposed
Final Order was prepared but never executed. A true and correct copy of the
unexecuted Final Order is attached hereto as Exhibit "E." As a result of the
"
2005 Modification action, the Parties share joint legal and joint physical custody
of the Children. Since that time, the Parties have been proceeding pursuant to
the terms of the Final Order, notwithstanding that It was never executed by the
Court.
2
7
They leave out the 2001 contempt
case and previous modification
in Coweta (see attached)
- - - - - ~ ~ ~ - ~ ~ - ~ - ~ ~ ~ ~ ~ -
~ - - ~ ~ - ~ ~ - - - - ~ - - ~ ~ ~ ~ ~ - - ~ - ~ ~ ~ - - - - - -
~
'-'
....;
6.
Pursuant to O.C.G.A. 19-9-41 and -61, which are part of the Uniform
Child Custody Jurisdiction and Enforcement Act, Georgia is the state that made
the initial child custody determination and the state that is the Children's home
state. Pursuant to O.C.G.A. 19-9-62, none of the prerequisites for the
termination of Georgia's continuing exclusive jurisdiction are applicable to this
case. Thus, the Court has subject matter jurisdiction over this case.
7.
Pursuant to O.C.G.A. 19-9-23 and Art. VI, Sec. II, Paragraph VI of the
Georgia Constitution, venue Is proper in this Court. Plaintiff resides in Paulding
County and Defendant has left the state. Although Coweta County previously
granted the Parties' divorce and heard the modification case, none of the Parties
currently reside in Coweta County, and it has no interest In the case.
S.
Pursuant to O.C.G.A. 19-9-69, Plaintiff states that:
(a) He is not aware of the Children's address in Tennessee since
Defendant removed the Children from Georgia. During the last five (5) years,
while living in Georgia, the Children have most recently resided with Defendant
at 939 Euclid Avenue, Atlanta, Georgia and with Plaintiff at 311 Oscar Way,
Dallas, Georgia. The Children also resided with the Parties at different
addresses in Coweta COunty and with Plaintiff in Decatur, Georgia. The Children
have not resided with any other persons during that time.
3
8 --------- ----
~
'-'
'WI
(b) Plaintiff has participated In the divorce and modification actions
described above regarding the Children's custody. Plaintiff is not aware of any
pending proceeding other than this action concerning the custody of the Children.
Plaintiff knows of no Individual, other than the Parties to this action, who has any
claim of custody or viSitation rights concerning the Children. The Children are in
Defendant's custody and control since she left the state.
9.
Since the date of the Final Order, there has been a substantial change In
circumstances materially affecting the welfare of the Children that warrants a
change of physical custody from joint physical custody to Plaintiff having
primary physical custody.
10.
In early 2008, Defendant announced her Intention to move the Children
to Tennessee. The Parties discussed this issue and as recent as Thursday,
February 21, 2008, had negotiated an agreement to allow the Children to finish
this school year in Fulton County schools and then spend the summer with
Defendant in Tennessee. The Children would then move to live with Plaintiff In
Paulding County for the 2008-2009 school year.
11.
On Friday, February 22, 2008, suddenly and without any notice to
Plaintiff, Defendant left the state with the Children and apparently has moved to
Tennessee, She has not returned to her Fulton County home since that time.
She did not bring the Children to school the week of February 25
th
,
4
9
----
'-../
'-
'wi
12.
Since leaving Georgia, Defendant will rarely answer Plaintiff's telephone
calls and Insists on communicating only by text message. She also has severely
limited his telephone contact with the Children.
13.
Prior to leaving Georgia, Defendant had been neglecting the Children's
educational well-being. The Children missed a significant amount of school,
which led to poor grades, induding failing grades for Zach. In addition,
Defendant consistently refused to respond to requests for information from the
Children's school teachers and administrative officials. She would not speak or
meet with them to discuss these Issues, Including poor academic performance.
She did not Inform Plaintiff of such requests from the school teachers and
officials.
14.
Recently, Defendant has experienced stability issues that have
necessitated Plaintiff maintain physical custody of the Children on Defendant's
behalf. Upon Information and belief, Defendant is living with her boyfriend in
the Nashville, Tennessee area and has not enrolled the Children in school there
yet. These stability Issues have had a negative effect on the Children. These
Issues and the negative Impact they have on the Children, in the best interests
of the Children, warrant that Plaintiff be named the Children's primary physical
custodian.
5
10
---
...,
'
15.
None of Defendant's actions before leaving Georgia, deciding to leave
Georgia and Since leaving Georgia have been in the Children's best interests.
She has acted with a complete disregard for the Children's best interests.
16.
Defendant's actions In moving and denying Plaintiff access to the
Children, her stability Issues and her neglect of the Children's educational needs
have created an emergency situation that in the Children's best interests,
warrants an Immediate ex parte change of custody. Without this Immediate ex
parte change of custody, an eminent and substantial threat to the health, safety
and well-being of the Children exists.
17.
Plaintiff is a fit and capable parent and is otherwise qualified to assume
primary physical custody of the Children.
18.
As a result of the change of physical custody, the current child support
arrangement should be terminated. Taking into account her current
Circumstances, Defendant should be required to pay a reasonable amount of
child support for the Children's support, In accordance with the Child Support
Guidelines contained In O.C.G.A. 19-6-1S.
WHEREFORE, Plaintiff Michael L. Lowe prays:
a) That process issue and service be had upon Defendant;
b} That Plaintiff be awarded ex parte, temporary and permanent
primary physical custody of the Children;
6
11

....J
'
c) That Defendant be awarded reasonable visitation rights;
d) That the current child support arrangement be
terminated and that Defendant be ordered to pay a
reasonable amount of child support for the support of
the Children, in accordance with O.C.G.A. 19-6-15;
and
e) For any other relief that the Court deems just and
proper.
Respectfully submitted,
MARTIN ENRIQUE VALBUENA, P.C.

Georgia State Bar No.: 723164
Attorney for Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
(770) 443-2204
Fax (770) 443-6613
7
12
PAGE 64
tW!l4121'l1!18 14: 52 7762542&'37 SUPERlrR CIlRT
'1\'
/G
.Jfo
","
IN mB SUPERIOR COURT Of COWETA cOUN'fi!S!"t!::/,:U'.tIiIL[
C",U). T
STATE OF GEORGIA
2018 APR 19 4:
CI;;',;I" .:,:,i:iTY. GA
JOAN G, GIl/FfIES. CLERK
MICHAEL L. LOWE.
Plaintiff,
CML ACTION FILB
VI.
NO. 99-V-447
ELISA MARIB LOWE,
Defendant.
mAL DIVORCE DECREE
Upoa consiclcmioo of this case upon evidence submitted as provided by law. it is tile
jud,mem of 1111 Coon that IOfaI cti_ be JI'IIlICd. that is to ay a divorc:e a Yi1lCU1o motl'imonli,
between the parties 10 the above staltld case, upon lepl principles. And it ill 110 COJlIidemI,
ordCRId and decreed by the court thai !he Jtlatriace contract lIeretofore entered into between tile
parties to this case. from and after tIIi. date. be and is set aide and diSllOIvcd as M1y and
efJec;tuaJly IS illlO such COIIInICt 1Iad ever bella made or entered into, and
The Plaintiff and Defendant, formerly husband and wife, in the future lIha1I be held and
considaed as sepante and distinct penons altogether uneonnectA!ld by any nuptiaI UlIIon or civil
COIIInCt, whaUocver.
The parties hcreiR sIIalJ have the riCht to remarry.
The Aareement of tile putIes filed witll Ibis Court i$. approw.d and the provisions tIIereo(
are benI:Iy IncorponIed into this Order and IIIIde a part hereof'tIIe same as if fully copied hemn.
The provisions of tills Order, including tile provisiolls of tile ACrecment inoorporat.ed heRin. are
mandatory and not merely directory IIIId both paI'tie$ are hereby commanded under penalty of
COIItctnpllo comply willi each and every pnmsiOll of this Order.
'Ibis dccIee enteml in conformity with tile laws of the Slate of Georgia as enacted by the
General Aacmbly of Georgia.
All die partk!s 10 thb decree are hereby ordered te comply witll all of the terms and
provisioal henIof; and, lilY pel'lon who IIIalI viohm: !he same sball be subjecllo be I;illld for
eontempt. This ptVYision IS to contempt _II apply to any acreement or contracl enlmd inIo by
the parties and made ap8tt IMnof.
13
..
..--
-"
PAGE 1115
SlJ'EPIOR
14:52 77BZ542GQ7
.,
'-
WhcIIem', II. viola1ion of the terms of Ih.I$ Order thero shall have bcI:a a failuM to make
the paymenl8 due lIereunder 10 diu the amount unpaid is equal to or Cft'&IIir than the amount
payable for one month, die payments tI"Jluircd to be made may be c:oIiectcd by the procell of
contirIlliftl TIle Is :"ired by O.C.G.A. Scetion 19-6-30 (a).
Tbi. L!1::J.yOf ,2000.
14
"'-.
'
03/84/2088 14:5Z 7782542697 PAGE 82
~ ~ \ ~ \ ~ \ \ Slf'ERIOR CClJRT
J ~
~ , ..",;
,
\
IN TIlE SUPBRIOR COURT OF COWETA COUNTY
STATE OF GEORGIA
,_
f.' ....
MICHAEL L. LOWE.
; ~ " ~
;'Jt
f;';
Plaintiff.
""',
(Xl
VI.
NO. 99-V-447
....
-'
"
i'.!
BLiSA MARIS LOWE, :t;l..... _
::;;r:> *
~ C')
Defendant.
AMENDED FJNAL DIVORCE DECREE
Upon consideration of this case llpon evidence submitted as provided by law. it Is the
judgment of 1M Coul1 that a total divorce be granted, that is to say a divorce a vinculo mtltrimoniI.
between the parties to the above stated case, upon legal principles. And it is .10 consideted.
ordered aRd decreed by the court that the marriage contract heretofore entered into between the
panics 10 this case, from aRd after this date; be and is set aside and dioolved II fully and
effectually as if 110 such contract had ever been made or entered iruo, and
'rhe Plaintiff and Defendant. tormmy husband and wife, in the future sball be held and
considered as KpIII'lI1C and distinel penons a1to,etMr unconnected by any nuptial union or civil
contract, whatsoever.
The parties herein shaD have the ri,ht to remarry,
The Agreement of the parties dated April 6, 2000, and the Amendment to Agt\:lCmellt
dated May 16, lOOO ate hereby appvved an4 die pnM$\ons them:tf are ben:by iJIcorporatocl into
this 0nIer and made a part hereof the sal1k! 113 if funy copied 1Iemn. The provisions of this ORIer,
incl.udinB lhe )II'OYisioc$ of the Apeement and tile Amendment to Agreement inCorporalied herein,
are mandatory aftd not RICRIIy diJeCtory and both pania III'I'lllereby coml\Wldcld UDder penalty of
contempt to comply with each and every provision of this Order.
This decree cntc:rcd in conformity with the laws of the Slate of Ocorgia as enacted by the
General Assembly of Georgia,
AU the parties to this dec:reo M: bereby on:IenId to comply wit1l III of the terms and
pmvisions bereof: and, any penon who shall violalethe same shall be :subject to be cited for
15
77B2542697 SlJiERIOR PAGE 03
-.I
'
contempt. This provision IS to contempt shall apply to any agreement or contract entered into by
the parties and made a part bereof.
Wbenever, ill violation of the terms of this Order I:bere $lWlllave been a failure 10 make
the payments due hemmder so that the amount ampaId Is eqaal to or gn:atIIr than the amount
payable for OIIC month, the pa)'fllellU n:quired to be made may be c:01lected by the proceas of
eontillui1l& ganrrr-tit The pm:c:ding sentence is required by O.C.O.A. Section 196-30 (8).
This clay of ,2000.

Auomey for the Defendant
Georgi_ Bar No. 774200

16
..- .......
....,
63/641?009 14:52
SlPERlrR a:LJ<T PAGE 68
' ..
t:,\t
\.f .
\.
I cr'
....,
Il< mflCf.
n.t:IIII.OF
t: r. iATg /,fUVCNILE
IN THE SUPERIOR COURT OF COWETA COUNTY _jU!l.
1903 Afa -G PM:t 59
STATE OF GEORGIA
i"'.!.!tHY. GA
JC;'U U. GKlff ItS. CLERK
MICHAEL L. LOWE,
Plailltiff,
CIVIL ACTION FILE
vs.
NO. 99-V-441
ELISA MARIE LOWS,
Defendant.
AGREEMENT
nits AGlU!EMENT. made and entered into this 'fl1 day of ___,
2000, between EllSA MARrE LOWE, lleleinafter refer:l'ed to as; "wife" and MICHAEL L.
LOWE, Ileninafter tefetred 10 III "hv5band"
WITNESSETH:
WHEREAS, the parties hereto were married 011 the 6th day of Allgllllt, 1994, and
IIepIIatCd 011 or about the ist day I)f March, 1999, and
WHEREAS, there has been issue of their marriage. to-wit: ZACHARY moMAS
LOWE, born May', 1'" and EVAN MlCHAm. LOWE, born July 9, 1997; the DIlle bein.
IOu "cbildml
K
and ,
W'HE.RF.AS, the Defelldant admits that the marriage betweea tho panics is immevably
brokea and the parties an: unable to cobabil al man and wife and tIIm arc no prospects for a
reconciliation, and the patties have heretofore separated and arc now Jiving ill a bona lido state
of separation and it is their intcntiolllO live apart the rest of their Ii-m, and
17
- .. .. .. --
-....
PAGE I'I'l
SLF'ERtCR aun

. .

WHEREAS, the panics de&lre to formaDy establish their reapective property riplS, the
cuttody, support and edllCllion of dldr children, the support and maint.enaQCC of the parties and
other ri,hb and obJiaalion$ ,rowina oul of the IIIII'rlaie nIIation. it is therefore agreed:
1. CpntjdpQtjon. The consideration for this agreement is the mutual J)fOI'Iilics and
acroements herein COIItaiIIed.
2. No Intcrft;J't!IP. Eacb party shall be free from interference, autllority and conlJ'Ol.
direct or indirect. by the other, as fully IS if he or she were tillite and unmarried. Neither party
thaJ1 batus. tJtreaten or molest the eMber in Illy manner. and neidll:r $balJ distu.rb the peace.
CIaDqIIIlky or l'fi'IacY of tile odIcr.
3. BaJoNIl2IliU fIJI DebtS. the. provisions of this llroement each party
covenams and that he or she has not hcreIofore incurrecl or cont1'lICfI!d. nor will lie or
she bereaftcr incur or COIItract any debt, charge or liability wllaf:soever ror whidll.be other patty
is or may become liable. other than as COIIlelllpJaled herein.
4. Mutpal RelrMe. Subject to the provisions of this acroemenl. each party bas rdc:ucd
ud disclwpd, and by this qreement does for himself or herself. and his or her hein. legal
R'p't*IltatilleS, administralOrs. and mips, release and disdIarge the odlBI' ofand hom
an causes of adioIt, claims, riahts. or demands whatsoeYer. in Jawor equity. which either of the
partics 4W had or now bas apinst the other except any or alJ cause or causes of action for a
divon:e. and as Ile.rcinafter set fortJl.
5. BdWc of ElM Claim,. Bach party hereby reIwcs, wajyes aNI teJinquishes any aNI
all npu wbleb lie or she may !lOW have, or may berea&r bave, as the other patty'. spouse under
die JlI'CBlt.or law. of ally ju.risdiction <a) to share in the elUte of the other party upon the
-2
18

PAGE IB
SLPERICR CCU<i
63/84/200a l4:52 1102542&97
...,J
\wi
latter's death; (b) to Year's Support; and (e) to act as Executor and Administrator of the other
paTty's alate, This provision is intended to, and shaU, constilUte a mutual waiver by tlte parties
to take acainst each other's will" !lOW or hereafter in force, lJIlder the present or ruluB laws of
any jurisdicdon whatsoever. The consideration for each pany's waiver and re1eue is the other
paIt)"l reciproc:al wai'IIer and release. The p!I.I1iea intend by the afi:m:dacribed waiver and teIe&Ie,
to relinquish Illy and all rigIws in and to each other's alale including the rights of SGt-Off, any and
all distributive sIwa and all rights of dection presently provided for in any swute of this or any
jurildledon, except as otherwise provided herein.
6. Fgrther I>cxauncntation. The husband I\t1d wife shall, at afty and ail times, upon
request by the odIel party, or his or her Icpllqlrescnlllivcs, make, execute, and/or deliver any
and all sucb other and ru1ther instruments or records as may be _sary or desirable for the
purpose of Jivinl rull ftm::e and effect to the pmvisions of this IIfR:CI1IeI'lt in aocordance with the
laws of the Slate of Cleorgia, without coole therefor, within thirty (30) days of such RXjuest.
7 . .Dbml:I.. Thia qreement is made without in any manner eonsentinc to a divorce
between the parties, but nothing contained herein shall be construed to bar or prevent either party
from Suing for absolute diVOftC in any court of competent because of any past or
flltllTe flult on the other's part. This agR!ement shall be offered in evidellee in wc:h lICdon. and
.If aa:eptable by the Coon, sbal1 be ineorporated by Bferencc into any deem: which may be
panll!d between the parties heIeW. Notwithstanding such incorporation, this a,m:ment shall not
be merced into any deerc:c but shall survive Independently of.such (mal judcment and decree.
B. EGa" AlrmnCllt. 1'hla agreement constitutes the enm understanding of the parties
and there IB 110 repteSelltations or wamnties other IbaII those elprasly Irated herein.
3
19
- - ~ ~ - -
-------""
-'
PAGE 11
SlJ'ERlt:R COJRT
83/84/288B 14:52 778254ZOg7
".;
~
9. Bnfomemcnt. Bach of tile parties hereto sIIaD Jlrictly obey and abide by eaeII and
every tetm of this aerecment. Upo:n this apemcnt beln, inoozporaled in any ordef of any court
and in the event of any bn:IdI of this qrcement, the: ofJendinl party shall be subjl to attaduncnt
for COftIempt 01 court.
10. ChUd CI!#Ody I!!d Visltation. ne Defendant shallbave sole custody of the minor
children 01 the parties. Tbc: husband may have the childml of the parties visit with him, apart
from the wife, at such dJna and ('Or IIUCh periods 'Of time as tile wile and husband shall muwaIly
.,Fee upon, in any such eveIIt. the: husband shall, at his opdon. have the ri,ht to visit willi tile
cldldrell apart from the midence of the wife as follows:
<I) Every other weekend commencing 011 Friday at 6:00 p. m. and terminati.nB OIl Sunday
at 6:00 p.m. Additionally, on Wednesday of each week from 5:00 p.m. until 8:00 p.m.;
provided. JIowever, that the Wednesday vlsilalion may be tllspelldec! by the Plaintiff for four (4)
Wedne&days in each year provided she Ii'" not less than fony-cight (48) houl'$ notice of such
suspension to the Defendant.
(b) For a period of two COIIsccutive weeks during the summer months of June, July or
August, c:omrnenc:in& upon _date to be specified by written notice to the wife given not later than
May 1st in advance of the commencement date of said two-week period.
(C) 111 even-aumbered yean the P!ajntiff sIIall have visifatlon with said children on the
fonowlng oc:calions:
(1) 011 New Year's Eve from 6:00 p.m. until 6:00 p.m. on New Year's Day;
(2) 011 St. Patrick's Day from 9:00 ".m. until 6:00 p.m.
(3) On Memorial Day and Labor Day from 9:00 a.m. unlit 6:00 p.m.
4
20
"
PAGE 12
SUPERIOR COLRT
63/04/2008 14:52 7702542697
..."
'
(4) 011 T1wlbCiving Day from 9:00 a.m. until 3:00 p.m.
(5) 01\ Cllriltmu Eve from 8:00 p.m. until 5;00 p.m. on Christmu Oay.
In eYeII-numben:!d years, the Defendant shall have the children With her 011
Valentine'S Day, Easter, Independence Day, Halloween and on Christmaa Eve until 8;00 p.m.
In oddnumbered years, the Plaintiff thallilave visitation on Easter Sunday from
9:00 a.m. until 6:00 p.m., OR l'lIdependence Day from 9:00 a.m. until 6:00 p.m on Halloween
from .5:00 p.m. IInuI8:00 p.m., and on Christmas Eve: from 9:00 a.m. unlit 8:00 p.m.
In odd-numbmd years, the Defendant shall have the chlklren with her 011 New
Year's Eve II1d New Year's Day. on St. Patrick', Day, Memorial Day, Labor Day,
'l'hanbgivilll. hom 8:00 p.m. on Christmas Eve until 5:00 p.m. the following CbrisImas Day.
(d) The fotqolllC 1lOlWitbsta.nding, the husband shalillave the right 10 bave said chUdrcn
YiIIt MIh him 011 Father's Day of eacI\ year COOlmellCing at 9:00 o'clock I.m. and terminating at
6:00 o'clock p.m. IIICl die wife shall have the cIriIdren 011 Mother's Day of each year dUling said
hours.
In die evem the Plaintiff fails 10 take custody of the chiJdrea fOr the exercise of visitation
rights u hercill provided within one hour of the commencement time for the uwse of such
vIsitation rights, the Plaintiff shall be deemed to have waived any right to vis.itation during said
period. unless othc:rwiJc agreed.
In the cxctl:ise of tile husband '. visitation rights, as h a t e i n a ~ provided, the husband
slIalI be responsible for transporting the chiJdren 10 and from the wife's resi.dcnc:e, and shalt bear
the spense 1bereof. Por each visi1ltion period herein, the hldbllnd or his desipalCd
s
21
....--- --------
----

Slf'ERICR
03/04/2608 14:52
.."

representative shall ra;ejw die children at the residence of the wife, and after such vlsI.talion, he
shall retum the cbildren CO the mkIenc:e of the wife at the time specified herein.
The wife agree! to keep the husband cumntly informed or her address and Ie.Iephonc
nul1lber, and III Inform the husband olll! significant _iaI and educational events iovoMn, the
children and to keep the husband informed of the slatUs of the children's ph)'3ical and emotional
healll!, in the event any problem. should arise.
Each of tile pani.et herein shall lit all tlmes endeavor, in good faith, to maintain said
children's love, respect and affeclion for the othu party hereto, and shall ClKlOUnlge the cldlcfren
to respect lIIc dints of the other party under this apecment, including the husband's entitlcment
to visitation.
J1. Qild Sya!or1, MaiDtman!:e a!!d E!dpcatjDll. A5 cIilld support, the husband shall pay
all day care and after school elpeD8e for the children. The children shall be maintained as
students at !be Academy of St. Oeorp, and rhe husband shall pay. in advance, all tuition, fees,
luJlCh money and activity expense incurred for the cllildl'Cll to attald the Academy of St. GeorJe.
The wif& shall buy clothin, for the children for Ibcir use when they lU'lI in ller physical
custody, and the hllSband shall buyelothing for the children for lheir use when Ihey are in JUs
physical custody
. Due to tile JR!81er earnin& eapaaty of the wife, the husband shall pay no further cbild
SIIfIpOf1 to the wife.
12. McdicaJ &pons. 1m hu.sband shaJl obtain and mainlain medical inSUraJI()C for the
children or die patlies. To the exleftt not paid by insurance, the medical billa of the children shall
be equally divided bclweeo die parties. shalt include any expense for
6
22
'-
'-'
PAGE 14
SlJPERICR C!1RT
03/0411008 14:52 7702542&97
..".,
~
psychological oounselin& lReu""" for the benefit of die child, datlal or orthodontic care and
vi$iOn c:are.
13. Division of froJlc:r1x. The wife does Ilen!by transfer, qllil-tJaim and release to the
husband any right, IitIc or Interest which she has or may have in and to the following property
owned by abe parties, and die husband shall own, have and enjoy such IllS his .w.paralie property:
The J997 Ford pr,o pickup truck, titled jointly in the parties, all items of pmona.I
property cumntIy ;n the poasasslon of the husband. including an intangible 6SIet$ and
IICCOIIIIt, titled jn his name, and all right, title and intcrc.tt of the lmsband in Platinum
Builders, Inc., fOCeIber with aU weuilll apparel, jewelty and personal effects of the
busband.
The husband JIIalI further be cntitIed 10 Zack Lowe's bedroom f u m i ~ the pment dining
room table, the formal. living room IOfa and !he bonus room entenalnmatt center. Said
items shall be left in die home at weh time as the l)efatdant vacates die marital raidenCe
as hereinat'ler provided.
The busband does bereby transfer, quit-elaim and release to die wife any right, title or
intl:re$l which he has or 1TIl)' have in and to die following property owned by the panics, and the
wile aball own, have and et'\IOy Such as her separate property:
The J998 LincoIII Navigator and the 1999 Mercedes SLK, bodl titled in !he wife, all items
of JlI'I'IOIl'l prqwt)' cummdy in the posscuioIl of the wife, incIudlnc all intalllI'b1e U1I!C$
and accounts titled in her name or for her benefit, together wltb all wearing apparel,
Jewelry and penonat effects of the wiFe.
The wife shill expressly be entitled to retain aU items of pcenonaIty currently located in
the marital R5idenoe, wl1h the acepc.iOll of Ihose Items to be left there for the Plaintiff at
such time as the wile vaeales the marital residence, as hereinabove set forth.
7
23
.. ..----....-.
.-

PAGE 15
<DJRT
14:52 7702542&91
'WII
\p
11Ie husbllnd sball MVC the a.clURVO nlht to the use. and possession or tile marital
residence loc:ated at 1" Sprinpater Chase, Newnan, Geor,ia 3026S, and he shall be solely
responsible for payment of indebtedneSs secured thereby, in acoordance witli the retms of said
Indebtedness, and shall 1Ur1het be soldy responsible for payment of ad valorem lUes and
premiums required to mainlain i1\SU1'lIIICe coverlle on the house with eoverages and an\ounlS
pre.lelltly In fimle. ntle to said residence shall be maintained jointly in lhe partiea ImIil sucII time
at the residalc:e dIaIl be sold. The decision to sell shall be in the sole di.setetion of the husband.
Upon sale of the residence, any indc:bcedness secured thereby shaD be sold, and all dosing costs
il\CUmd under any qrt'lernent of sale shall be paid at closin,. The remaining pl'O<lOlds ffom the
sale shaJI be divided by payment of !be sum of $5,000 to the Defendant, with the mnainin,
proceeds to be equally divided between die parties.
In the event the Plaintiff fails to make payment of any installment of lndebtednea!, lUeS
or inannce at heretofore mentioned, the wlie shall have the option to make such paymcnlS and
she shall be entitled to promptly recover suel! payment from the husband. She $IIaIl IUrther be
entitled to rue a contempt don aeaJnst the husband for a violation of disqteement incorporated
into the fmal dcerce of divon:e betMen the parties. In the event the Plaintiff becomes delinquent
in the paymenc of two or more inJIallmcnlS payable on the indebted1les$ by the residence,
the huIIband shall Ibcreupon lose his right to the escillSive use and pouession of the marital
residence, and he shaD VIIQIe the residence promptly. The wife shsll themIpon become lllltitkd
to the ellciusiw use and possession or the residence and she sball thereafter have the sole
dik1'elion to scli the raidtn:e at a price to be de&ermined in her sole discretion. Upon such a
sale, the wife shall be entitled to reccver any payments which she has made towards any
8
24
,,-
PilI' 1&
StPERICR
63/04/2008 14:52 7702542GS7
...,
\w
ilUtlllment of iJlClebteclnas, or toward! the tues or iNurance premiums ftlqUiRld Oft the house,
and the mnalning pI'l'ICeCds shall be divided between die pardeI as hereinabove set furth.
A, ftJrtber equitable division of property, the wiCe shall pay to the husband sum of
$12.000, payable at the rate of $2,400 per month for five months, commencing July I, 1999 and
payable ciCI the fint day of eadI month thereafter Ulltil fully paid.
EIcb party qcs to eucute such documents evidencing sucb ImIsfet of title as may be
.required 1IereundoT. to vest IcpJ title in the other in accordance with the law, of the State of
Georgia.
Each party repraents and warrants that he or she has made a full and faiT to the
other of aU his or IIcr pmperty interest of any nature whatsoever and that such property is subject
to 00 IIlOJ1&8ge. pk:dge. lien. dtarce. security intemt, tnCUJIlbra.nce or restriction except those
whldl VI disclOllld herein. Each party further repments and wammts that be or she IIu not
made any ,ms of property without the prior consent of the other.
1... J)e:btI and OhIjpt1ons. ne debts and obligations of Ibe parties sIIaIl be paid as
bcreillafter set furth. Such debts will be paid and discharged in acx:ordance with !be IImOr and
terms thereof. Any such indc:btr.dness payable in installments shall be maintained in a cumnt
condition and shall not be allowed to CO into deliwlt in such a ma.nner as 10 authorize repossessicn,
fORelolure or suit apinst the party not responsible for payment. The party Ie.tpOIlsiblc for
payment does fIInJIer lIRe to IndemnitY and $lVe harmless tlIe OCber party in the IlYelII any dOlI
shaD be takerI whidt might render the other party liable far payment of sudI debts, and shaI' pay
any e.x.pcn..of litiptiOl incurred by the party not responsible for payment.
- 9
25
PAGE 17
Slf'ERIOR a:JlFT
03/84/2808 14:52 7782542697
'WI
\.;
1bc husbud ,balJ pay Illy indetlt.edllell IitCUfCd by lIIe marital residence and oIber
property of the hullblad under this plus Illy indebtedness which was incvJTCd
solely by the busband.
The wire shaD JIIIY indebtedness secured by the MeKedcs and lhe Navi8ator titled ill her
name and the husband sfJall JIIIY Indebledneu secvrecI by the Mustang titled ill his name.
The parties shall file Mpar.'lte tax retUTlU for tile year 1999, and !he wife shall be entitled
exclulively to claim tbe deduction for interest paid on the marital residence and to claim the
deduction for the children of the partle$ for the ca1endaI year 1999. For tile calendar year 2000
and Ihelafter, the husband shall be enllt!cd 10 claim the interest deduction on lhe Indebtedness
secumd by the marital residenec: to the extent of the payments made by die husband, and die wife
shall be entitled to claim the inle1.est deduction to the eltlellt of interest payments made by the
wife.
ne husbaAd shall be responsible for any and aD defieiencia and income taxes (Ulcluding
penaltia and iIllemlt), if l1l'i)1. relating to the joilllineome of husband ud wife resulling from lIlY
undmtatement of the husband's income or overstatement of deductions auributable to the
husband. Tbe wiFe shaD b6 responsible for any and all defleiencies and income taxes (including
paultlia and imIemIt). if any. rWating to the joint income of husband and wife resulting from any
UIIdcnlatemellt of the wife's illC'Ome or overstatement of deductions attributallle to the wife. The
party responsible for payment as heRinabove set forth sbalJ alone pay any and III costs of
defeadin, tbe patties against any WIII'tcd deficiencies and shaD indemnify and save IIattnIess the
odIer from any and all sueb claims and expenses, Including aU011\ey$ fees.
- 10
26
...-----..---.--..--.-..- --._..._

Itj
Slf'ERlffi COJRT
63/1l4!201la 14:52 1702542>'>1
...J
'-"
All aJsdng dIarge aa:ounts and credit cards in the name of the husband and the wife, or
in the name of either of tllem under wbich !be oUIer may be exlMlded credit for purchases, slIall
be tmninated IS of the date of execution of this agreement.
IS. The hulliband Is not required 10 pay child support under this agreement due to the
diSCftlPlDC)' in tile income of the husband and the wife. The wife reseaves, however, ber
entitlement to _Ie dtild. support from me hu!lbllJld in the event his Jneome sIlouId. increase, and,
to rhat end, tile husband acroes to provide to !be wife on or before April IS" of each 'Jf* a oopy
of his federal and state iaeome lax retums reflecting all income of !be husband from aIlSOun::el.
J6. A!!Ip!DQbiIes fS!!: h Children. At such time as each child of the patties shaU mtve
at age six1eea (16), or upon reasonable request of the wife thereafter, whichever event occurs
later, the buIIud shill purd1ase a vehIeIr: for each such dtild which shall be not less Ilwt three
(3) yean old and III good running condition and shall deliver .said vehicle to each child. upon tile
occum:nce of the aforemllltioned event or within thirty (30) days thereafter, for the sole use of
.UI:h child. The husbInd shall Curther maintain full insurance coverage on sud! vehicles and shaJJ
pay for any maintenance or for such vehicles.
The husbuld'. obligation IlIIder this provilrion shall continue until such lime IS the child
fI!ICleivilll an automobile hal graduated from coDeee, VOQlionallcllool, or attained twenty
thnIe (23), ew:nt shall tint 0CCIIr; provided. however, lIIat the husband thaU be ft!Iievcd
of his obIiption 10 provide inSIIJUce, lIlIlinU::nanoe and repair for any such vehicle for a child who
II not enrotled CuIltime .. a student as that term is defbled by Internal Revenue Service.
17. QIIlqo f.ap!rmre. III additioo to support payments provided hereinabove, the husband
aarees to )lilY the e:ltJlCII$CS of QOIIqe educaIion Ihrouch I regular underlnlduale ICbooI for each
11
27
.7
-..-"

1"_ 1':1

J 'UL:.J... LO'"
V"i' LUtiO
'-'

child of the patties until the child dies, manieJ, reaches the age of 23 years, or compJete.! die
requirements of 8JI U11dclJraduate decree. These shall include tuition, room, board,
IlUdent and laboratory feel. transportation. books and the usual matriculation fees at any coIlqo
upon w!licb die husband and child aemt; provided. however, that in the event husband and ehild
cannot qree IS to I dIok:e of sdIool, the hll5band sball be obUgated to pay the aforementioned
college expenses up to but not execeding the expenses of a resident attending the primary stale
IIIliversily IS an undupadualC. The husband', obliplions J)IIl1UlII1t to tlris JW1IIl'3PII shall not
ceue upon tho husband's death, but shall cootlI\ue, and the husbancilhalI be obIipaa:J 10 maintain
life illSlllaOCle to COY coUecc CXJlllllICS as provided. This obUption 5hal1 be binding
on Ihe husband's estAte 8JId Iris 1leil1, executors, admlnisttators ud assigns. The term "coUqe
W
IS used herein shall include lIlY college or university and any professional. business or Iedmical
sdIools. bUI.cludes post-JlIduate educaIion.
18. iodjn, Effect.. This A,reement shall be binding IIpOI'I the parties hen:to and their
respecdve heirs, eu:cuton. administraror and assigns.
The parties acbowkdce that they have not received any tax advice from Oua L.
Wood and the law f.rm of Wood, adom" Edge, P.A. tegardma the tax consequences of this
The patIies have been a<lvired to seek independent opinions from tax advison. before
sip. this Alreement, Illy tax liability balCd upon the provisions of this Agreement.
In addition, both parties have been apprised of their right to fomlal disc:ovcry undc::r
the Geoqia Civil PI:acIice NJ., (/.t., depoIitioa,lntenoptories, productioD of docul1lCllts) which
ClIft infOnnaIion affcing tho dalmll&!rml of. divon:e IllUk:rncnt, and die partieI hereby
actnowfed&e that 110 fomIII1 di!lCOYel')' hu been made in chi. case and that Ihey do not wish to
12
28
--
/
--...-' ,
PAGE l"
Slf'ERIOR aJJRT
14:52 7182542697
..."

pursue formal diJoIwery to learn additional inrOlTllltion about each oIher and each OCher's financial
cim.lmstances.
19. Enforcement. F.ach or tbe parties bcrdn shaI1 strictly obey and abide by each and
every rerm of this A&r=ement IIpOft this Apeement beina incorporated into any order of the Court.
In the event or any bn:acII of this Agreement, the offending party 5haII be subject to atladlment
for COIltempt or court as well as any other remedy pmvided by law.
This agreement shall be subject to. governed by and construed bt ac:JCOnIanc:e with the laws
of the Stale of Gcol'lia.
IN W1TNBSS WHEREOF, the parties hc:'I'Cto have hereunto set their hands and seal, this
die
+."
day of('R
II
II... 2000.

tfr.t/
MI ELL. LOWE

8TA11I 01' O!OAOfA
COUtm' OF COWf:TA
""8TO CEl!mFYTHAT THE_
IS A TI'IUE lIND OClMIeT 0r::Jf'"t 01'
OF""n;E DOCIIM6NT ON t'U IN MY 01' E
13
tERI!
..

.
-

29
.I

-'
I"Al:JI:. \:lb
Slf'ERIOR aJURT
63/6412088 14;52 1162542f>':l7
"""\:)"
.
c.., .,
':
'
\
IN TIm SUPERIOR COURT Of COWETA COUNTY
STATE OF GEORGIA <." A3

L
a
MICHAEL L. LOWE,
';',,,1'
Plaintiff,
; ClVlL ACI10N ALB
\/I. n:7( ,:::..
E,-
:.:
"""Cl
NO. 99-V-447 .... ;r..
EIJSA MARIELOWB. 0')
r,
DefeIIdaru:.
AMENDMENT TO AGRp;MENT
THIS AGRIiEM'E.m' entered into by and betweM the alIove-named parties on die
day of May, 2000.
WIT N E S S 2 T H:
WHEREAS the parIies WeR divorced under the Final Divorce ente.nld in the
styled lCtioII on April J9, 2000, aIId
WlIBRBAS aid Dccra: incorporated tbe A8reement the. parties, and
WHEREAS the parties desire to modify their Agreement 10 revise die terms thereof as
henilllft=r set forth, 8DCI tile parties further desire to illOOrpOftte tlleir Amended Agl:IIematt into
an Amended Final Divorce Dome,
NOW THBIlEPORE, in consideration of the mutual promillCl, aereements and WVenant$
expressed herein, it is ael:lled by each of tile parties as foUows:
1.
Patagraph 1 .. of the Agn:icment between the parties dated April 6. 2000 end filed with Ibis
Coun 011 April 6. 2000 is bacby Imcnlfed by the additioll of the fOiIowinJ paragraph:
30

'--. --
PAll!:. III
::.utt<1Ut< UU<I
fJ,;)fV"4f (J:t')O 114.:U r 10..!:'>'+.0':"
..""
'w
The parties I1ereto filed jOint income I:lIlI returns with fedetal and state lUing authoriti"
for the caJcndar yws 1997 and tgga. '1\. Delendanl paid and delivemilO tbe PIalnd(f over
S5O,ooo, with 1bc underSlanding that Plaintiff would apply said 5WII towaWs die payment of taKes
due for the caJendu )'eta 1997 and 1998. TIle PJaiJltifC accepted said sums from the Defendant
for payment of said tax", but t:ailcd 10 apply said sums towards tile payment of UIOC laxer due
10 IRS for the ca.lendar,.., 1997 and 1998, nISUlting in a cum!lIl Indebtedness to IRS wlUc:lt
exceeds $17,000 for the calrmdar )Ur 1997 and exceeds $60,000 for the ca.lMdar year 1998.
The Plaintiff, Micbael L. Lowe, shall be solely and totally responsible for pa;ymeDt 0'
i/Ideb(edness owinll to Internal RCY<:IIuc Service for lUes due for the calendar yars 1997 and
1998, plus all -p,enal1ies, in1CrCSt and any ether assessments that have ac:crued on such unpaid
indebtedness. The Plailltiff ahall indemnify and save IJarmless the Defendant from III)' claims or
demanch which may be made against her as a result of said indcbli:dness, such indemnity to
inelude without limitation any legal or ac:counti.ng fees or c:ourt costs Incurred by the Det'cndant
with respect to any aueh collection efforts by Internal Revenue Service.
IN WITNESS WHEREOP the parties have m!C;\Illld this Amelldment to Agreement on the
,ear and date first above wriUlm with the undmlllnding that it wm be incorpoDIed into lUI
ARIIIIIded Pinal Divoree DeI::Rie 1D be alten:d by the Superior Coun of Coweta County, Oeorgia,
with tile dim:don that the parties shaIJ fully comply willi the term. and provisions
e:xprcued in this Amendment.

31
-'
t"'Allt:. tli
:olH:.t<i U< lll..J< I
LtJrul f
. ,
. "WI
....
TIle parties hereto filed joint income tall retIlJ'lIS wlth fedenll and state lUin, authorities
for the calenOat years 1997 and 1998. The Defcmlanl paid and delivered In tile Plaintiff over
S5O,OOO, with the underS1lmding that Plaintiff would apply said mID tow&rds the pIIyment (){ taMs
due for the calendar yean 1997.111d 1998. The PJaliICiffaccepted said 1l11li$ from die Defmdant
for paymeat of aid mes. but faJ'led to apply said sums towards the payment of income lams due
10 IRS for the calendIIr years 1997 and 1m, mulling ill a c:urrent I.ndebtednm 10 lRS wllidl
QCl'.Cds $11,000 for the calendar year 1997 and $60,000 for the calendar year 1998,
'The PWntiff. Mic:hef L. Lowe, shall be soJeJy and totally lor payment of
owinS 10 fntema! Revenue Service for laxes due for the calendar years 1m and
1998, plus all penalties, interest and ally other assessments that have accrued on such unpaid
indebtedness. The Plaintiff shall indemnify and save harmless the Defendant from any claims or
demands whith may be made against her as I result of said iIIdcbtedness, such indemnity 10
Include witllout limitation any \ept or lM:COunting fees or court costs incurred by the Deft:ndanl
with respect 10 any 1!JCh conection efforts by Inttmal Revenue Service.
IN WITNESS WHEREOF the parties have this Amendment 10 on the
year and date first above written with the undenlandillg thai it w1ll be incorporated into an
Amended Pinal DIwrce Jlecree 1:0 be entr:ral by the Superior Court of coweta County, Georgia,
wltb dte directiOll tbat the pattiea hereto shall fully comply with the 1Crm, and provI$ions
apn:ssed in this Amendment.

Clts at1d.-

31
-./
...,
-.,
STATE OF GEORGIA
MICHAEL L. LOWE,
*
*
Plaintiff,
*
CIVIL ACTION FILE NO.:
*
v.
*
08 CV IBtf JJ2-.- ..
.., -' ;:::?
*
... '$l s.'"
ELISA L. SMITH, <'; 7-
0
*
\
*
#' io
Defendant.
* ..., c;."""
:s
VI;RIFlCATIQN
';;. r:l
"'ocJ'\,...
; f") "'.
Personally appeared before me, an Officer duly authorized to ;:, ?
administer oaths in the State of Georgia, Michael L. Lowe, who, after being
duly sworn, states that the facts contained in the foregoing Complaint for
Change of Custody are true and correct to the best of his knowledge and
belief.
This of March 2008. ttt.J
Mf{Lel L. Lowe, Plaintiff
Sworn to and subscribed before
me of March 2008.

PUblic In and for
Notary .

1
1/'

32
--
7

'-' 'wIJ
LOCAL JUJlZ 4.111
IN TBlt SUPERIOR COURT OIr THE PAULDING JUDICIAL CIRCUIT
STATE OIr GEORGIA
STANDING OIDR ON INlWfCllVl m,IRlN DOMESTIC BJ[,r\nONS CASU
AU Patties in each divorce or domestic reIItioDs cues in wbieb. injunctive relief ofI!lY
c.ha:racter is requer.ted in tho Superior Court oftho Paulding Judicial Circuit ate 1O .,
grdcdipm the gum_ offi'ivr .m juor,b cue. to-wit Ii
. . . . . .. i;:. Ji
1. Barb party II benby eqomed aD4ItS1:1aiDed from CIIWlUIi or permittiDg ::: :S ":
dlildtea oftho parties to be removed fiom thejurisdjctioo oftbis Court, imedldng !'#t.thoI.D -:::
CWItOdialItltUl oftho miDor dlildtea u it wu lit tbo time ofaepantion or tho risbt at5paiL .::
who bad beeo the primary provid ofc:are, for JIIid cbildre:D from continning to .'
....ail btber order, aD4 pnMJlIling RIIISODIbJe l'isiIzI.ioiI or coatact betw=a any ofSId!dj1drw
.
2. Barb party is benby enjoined aDd resmioed fi:om doing, or attempting to do, or
dIreateo.ing to do, IllY act ofinjuring. maItreatin& vilifying, molesting, or barusing tho advene
party or any oftho cbildreo. oftho parties.
3. Barb party is benby enjoined aD4 restrained fi:om selling. encumbering. CODI:rIcdng to
8OIl., or otherwise dillpOling ofor n:moving fi'om tho jurisdiction oftho Court, any ofthe property
bdonging to tho partjos, except in the on:fimrry ooune ofbusiness.
. 4. TbiI onIer sbaI! be biDding upon the peniet in tho above styled action filed in the
SUperior Court of tho PauldinJ Judicial Cin::uit, their agents, IiIVaIltI, employees. a:od an otbe:r
parsons acting in coDQel1 with sajd parties.
IrIS OJ!U)D.ED. tbIIt a copy of!his orcIerbe eo.tercd in each domestic relations cue in
which injuacIive reI.icf is sought in the Paulding 1udicia1 Circuit by the Clerk jmm01liateiy upon
the filing ofeach domestic reIatioas comp1aiDt and that a copy hercofbe attacbcd to each
complaint tbr /IIel'\'ico uptm t::Yer:'f defeDdaDt in such case.
so ORDERED. this .Jl:Lday ofIt'6(?e.Y.. 2007.

J R. Osborne. .Judge
ding JudiCIal Circuit

Kenneth G. VIDIOIl, Judp
Paulding 1udicial C"JrCUit
33
I

1

1
1
'

1
1
1
1

I
t
J

I
'

I

8

I

t

1

&

r

I
I
i

i
t
U
!
i

U
.
J
q
;
h
i
P

1
1
1
'
1
1

!
r

1
1
w

.,J
::..
J
1
i
l
l
t
t
i
l

i
t
!

1
1
1
'
1

I
f
!

,
.
1

i
;
I
f
f

l
l
l
l
l
(
'
i
l

I
I

I
i

i
l
l

l

E

t
l

I
f

1
1

(
I

i
I

I
t
1

J

i
t
"
1

I
t

J
f
t

f
i
J

I

!

i
.
"

i

!

r

I

.

1
1

I

I
I

J

F

I

!
r

I

&
.
.
J

i

I
'
"

t
,
.

l
i
d

\

u

_

t
'
\
l
l
"
f
-
<
l
.
.

u
t
l

.
.
t

,
I

1
1
.
)
.
.
.
.
'
.

1
"
\
,

'
:
*
.
'

"

!.i2

i

s
(
I

;
a
l
a

l
a
S

m
;

I
0
(

m

s

. . m q t D i I I o q , l p m l I I p X I l J I P O J
0 I ( A \ . l : u R d J r : / I f I P l I I X f n S I I O p : l I I 2 I l t I I I p J D q . . . . 1 1 "
J C J P d J J I I : q J 1 1 J I I U ! 1 1 I V ' A w ! 1 l I l . I O d . ! P o q , l l a p l o q d p a I G r ( J .
' I Q I ! O O P l I I I I ' 0 9
l . A : m a u 1 I l f J p . m . u p m ! J q J = u : : q l 1 I U g ' C J
l J t q o f f p o r o q , l A i l I I O I p I ' l & . , m d : f a J q J O S l l I : : t o q , l o q l t I I I p O J
, Q l I I U I g ' . I O p l O + m o o A i l p M f I I M . P Q f I I f i a t A O A ! P " P J O J q g I M p J O I b p
( 0 ) 4 a p p 1 I ! 1 P f M . - I O a c p 1 P f A P ' I ! J a q . . . . . - . F I d a l O ; ) J O l I I U I p p I f 1 I I p a r
l J I I O ; ) J 8 J I i I p . l O a l q I I I a : I p o o I . l O j l p r o a l A p a ( a t )
; l I P . . . . . a . t p I J l P . t O a f I I I ; ) J I I a a ! p I I
" P D O ; ) P o t p
p o m o q I I J M
o t p A : l d I l I q I o q , l A r I . O { [ q J I U I l U S o J d
J = - I " ! " " - J a f I 1 I = I
. ; ! f " q a p d o s f d a t I I I q o ! I I . ' p a i r O J } I C I J l Q l ! P I ! l J I I O j p l I f I I l t ) o q J .
( ' " ) . - " "
i f , : : 1 ! I m C ! I q p p I q o q l J O d p u : f I l I p , l q p : z a d c p I
( p i q I I p m I o " ' ! P ' X J S ! I ' P D P V P ! D P l 9 J W I S l q p o : j O C I p I I D I o q P I S C I I : q I I I I I I S o a u .
0 , . .
! : : " ; _ 0 " " " ' . g e t ' q : K I S q I S : I [ I l I l ' W 1 1 1 A : I d p m l l J I I O I I l I I q ! : 1 M ( - P
= . . . . . . . . . .
p t - " p r a . I ! I I b u o q ) f I q I * ' ! l J I I d ! p I S B Y ' o 8 a p J I m ; C ; . " l I O . I p ( J I P . I O U p I l l l : ) 0 0 J 0 4 H I P
" f i ' e ' ! i I U O p X 1 I J o q , l Q I I I : l 1 I P O O J p a i i i d / J w p A : p m o o 1 I J 1 I I I U 8 a J d
; ' ; : - ; : 3 ! \ . O J C I J ! $ : I P f I ! O ! P l I o q , l P s = I p I r I l I p , ' n r l Y : : ) " S ' Q O J l I I I I D I D I d

a d o b R l d f l t V l S
1 I V N I W 3 ' S O N I J . N 2 B Y d : 8
V I m l O ' J I D & . 0 U V J . S
J l l ] ; : ) a J ; ) ' 1 Y J ; : 1 I c : m r m a Q . ' 1 ! l V < l m t & . 0 J l l { l O O 1 I 0 I D i I l S : m J . H I
..
('
...,
\.f
UQUIBJ!MENTS FOR ALL DIVORCING PARENTS
EDUCATIONAL MAT.DIAL:
L :DeveIopmemal stages ofchildhood aDd the reactions to divorce ofcbi1dren at
spcdfie IFI
2. Griefproc!llSt aDd coping sIdlls II they pertain to pareatJ md cbildre.n.
3. How ~ affects familiea and roles ofdivorced pareatJ i.ncJudinS stresses
aDd ch&llClJl8C!l.
4. Co-PareoI:ing sl::iI1; living apart and parenting toget.bcr.
S. FUIIDCial obJiption ofpareatI.
6. Mod.iatioD II a tool to reIIOm dome5tic dillplltel.
PROGRAM LDGTH:
Feu hours in lqth
l!dudcs: Two fifteen miDute breab, titne fur program eva.h1a.tion and
cortificate prOlNdllKm
I"ltESEN'I'ER QUALIFICATIONS:
CIink:Il or educational baclcground
BacbeIorJ Desreo required (Muteo pse{eued)
ADDmONAL UQUIRMJ:NTS:
Ccrtffioates tII.I1l1bend 110 they ean be 1raI:::ked
MONlTOlUNGOP ALL DIVORCING PARENTS l"ROGRAMS
I. Quartedy obtervII:iOllS ofpresenten by program admjniscrator will be sent to the
District Court .AtIministrator fur computation that will be furwardod to the judges
f u r ~ o n .
2. Evaluations by partic:ipantl seot to District CcuI Administrator momhly fur
evaluation.
3. Random observBtion of ge!IliDar by the Smmth Distric:t Court Administl:lti:r's
staff:
36
L
" o p g m (
t I T o q P I S i u p Q l d 0 I p t I T 1 ) 0 1 G i " S A m I p a l ! a p : : l j : c f 0 I p a o
Q . D I " L
0 I p l J P . o I ! . q J I X l I t t p o m u = o q a A l I q t U O ! . I R , ! i j d "
J I I U ! 1 I I O I J u p m : m r d p : w u d d : I l l ! C l j J J I l ' p : I . \ ( C 4 I I ! Q . D I J O a ! D I " 9
I i 4 q M . ' l O a p . p a l l ' S l C l J l o p p l I i o q l I f P l ! t p P l l l l U . " '
I f ; u o 4 q M . I I C A I I U 0 I p ' l O a n ' J l C I P I I F I O t
o q l I I U D X ' I O ! ' I A ! . . q u o 1 I 0 9 J O P I P I i I I I I I ) O t q l I I I I t t P . . t 1 , J ' d d u s P I ! I P Q I I D L - - p g ! O I i S D : ) Q q 1 l 1 1 1 U . " "
' d p p P J 4 I D O l p o p p O I p J O a o p l O S S O d I I ! ' I P l ' \ ! P o q J O G
p a l l ; m : u d ' . 6 p q m : I P U l P
; p S I X I S S J Q 1 I f l q A p s : u A ( D p 0 l I q p c m I i D Q M a t s ; p c I P 1 I I I U . "
" O I I C ) o q l l l ! I I I I q
l J O C f d D s P I J I D J O = m e o q l J O G p a l l A n m a i l J O ' J " " ' D I 1 ' W i c t ( [ O I p . l l q l p l P I I l L z
1 ' P I l m f ' l = ! X X t
Q 1 I J u m w . U J p a l 1 I I P t d m c o O I p J O h ! m P . . . W I p 1 I . l C A ! P . ] 1 ) P O l t p ' I O
A l l : J l i Y ' I , i A ' 0 I p p a l l ( l C 4 $ i I P ' G I l l P l ! J I I ! I f \ ' l C l l S l 1 I I p . I I d 1 p ) q " I
C ? g I I J C ) C I d D I o m Q q 1 p a I I . c . . u o p : x u p p l l I I I { A \
' - - . . P ; I ; ' I I ! o q l l l O d D J I d I l J 6 l U D C O ; q a ' I J o ! : P I I u o c J o .
; ; t i i
k x : ; : : ; 9 U d d s A I < I W 1 S
i L i t , j j j d A k l d ' I 1 S l t I J 8 1 J N d W I b m C M l 1 d m t R O : n m t I ! k I 1 l l = U
l . ; . . . . . .
V l f R l o : i f D i O 3 . 1 Y . I S
. l I ! n m J ' I Y I O I a a t 9 N l Q ' I l Y d : a m . . l 0 J . l l ( l O O 1 I 0 n a . m s 3 B J . N l
-----...- - - - ~
STATE OF GEORGIA
MICHAEL L. LOWE,
* ,..
,..
Plaintiff, CIVIL ACTION FILE NO.:
v. 08 tv lIJ.if - JO
*
* '.
-: -f fi = ~
* ,.. := ~ :I: ~ ~
Q. :- -,
ELISA L. SMITH,
Z '. :::0 Zo
"'",- , '"'
* n,...::;: . .::- cZ
C'
Defendant.
0,,",
* i.lD(.,"j -0 c':)
: ; : ; k ~ :& z ~
n r- ~ -'_
o -f _ -<0
o
EX PARTE ORDER
ii
e
.,..,
.... Z e Cl
:
Plaintiff Michael L. Lowe having filed a Complaint for Change of Custody
against Defendant Elisa L. Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health, safety and well-being of the Parties' children, the Court, after
reviewing the pleadings, hearing the evidence presented, argument on all issues
and reviewing applicable case law, and it appearing to the Court for meritorious
reasons and for other good cause shown, It is therefore Ordered, Adjudged
and Decreed that:
1.
This Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act,
O.C.G.A. 19-9-40 et. seq. Venue is proper here because Defendant has left
the state and apparently is no longer a resident of Georgia and Plaintiff resides
in Paulding County.
38
~ - ...- - - - - - - - - ~ - - - ....
-.,.-/
-...-
2.
in Coweta County, Georgia in Civil Action No. 99-V-447. The Court entered the
Final Judgment and Decree on April 6, 2000. Subsequent to their divorce,
Plaintiff filed a Petition for Modification of Child Custody and Child Support in
Coweta County, Georgia in Civil Action File No. 04-V-32. That case was
resolved by a hearing that awarded the Parties jOint legal and joint physical
custody of the Children.
3.
Defendant has left the State of Georgia without providing notice to
Plaintiff, and she is refusing to provide Plaintiff with her address in Tennessee.
Furthermore, she Is limiting Plaintiff's access to their children.
4.
Defendant is apparently living with her boyfriend In the Nashville,
Tennessee area without the benefit of marriage. Contrary to the visitation
rights contained in previous Orders, Defendant is deciding when Plaintiff may
exercise his custodial periods with the Children.
5.
Given Defendant's actions, it is in the best interests and welfare of the
Children that they be placed In the temporary legal and physical custody of
Plaintiff.
:2
39
--
6.
Until further order of this Court, Plaintiff shall retain temporary legal and
physical custody of the Parties' minor children, Zachary Thomas Lowe, OOB:
517/1995 and Evan Michael Lowe, OOB: 71911997. A temporary hearing shall
be held at <?:vt> a.m., on the L day 2008 to determine whether
the prayers requested in Plaintiff's Complaint should be granted.
IT IS SO ORDERED this 4-day of March 200S.
81:

6 \j}Arr::z;:;
}-$'

40
-:r
-.
SHeRIFF'S ENTRY Of SEAVICE SC-86-2 ClV:O& C\sfU:BEfUWca. COVINGoTtl't. 13" 3(I01S
Superior Court 'ii Magistrate Court 0

[,V
\"l.lt JQ
Slate Court 0 Probate Coun 0
Civil Action No.
Juvenile Court 0
Date Filed (4( oi
Georgia. COUNTY
\
Allorney's Address
l.o-..e.

L,
Plaintiff
\.u.,A\-1 h g 1,o,&;..{l'V
VS.
O.A\W
t
6"\\1)
I....
Name and Address of Party to be Served.
6 _____
Defendant
jM
Garnishee
SHBRIFF'S ENTRY OF SERVICB
(have this day.uved!be def_n. z: 2iJ:lt\; l.. L\$) p"""naUy wkh. copy
U) J of the 'Within action and summom;,
>
,. !a Ff!
Ji iE ;=;:;
I ha dlis !lay ....td !be d.fendam ....______... C7
f/) :. ::=tI i ;r: '_"':
copy of the action and summons a1 hi5 most notorious place \11' abude in Counly,
N C'_
6 0""-' CO ::J'
:!i c:
same infO hands of f; I
. . "'''S.::IC.,_' .c.:2.
about wetght_____puund!o: htaghl.1lbout______ft:et and Inch.. 0'

g ,.- r
c ... -<:(")
defen!lant.
S Z
>

Servtd to. defen<lent___________ ._______._____.. a corporatiiln
[J by leavilll a t;opy of the withtn ec.'tHtn and iUmrt'kms ____
in chalJC of the offICe and place uf doing buinesi uf said Corporation ill Ihl! County.
8
=! ! lIIis day served the abo.. styled alTldavjt and ,ummo", UII III. defendanll.) by posting a cop)< of !be sa... to the door of die premise. ""'isnated in ..id
affldavi!. and on die 5.... day of.u<h !""ung by dcpu,iling true ropy uf ..me In 100 United StatIM Mail, Firlll el... in an c...klpt properly addr...ed 10 lhe
= t I dcfendarlt(s) 11 the addl"CS5 sbuwn in slIIid With adequate thereon t1mtaining notice to the defendanl(l) to answer liaid summons at the
place stated in lbe IUmmons .
...
..
l>i1igelM .....h made and def.nda.nt.-:-_____________________
13
:::J not to be found in the jurisdiction of this COUrt.

0/fii\Ji; ,2<IQt::.,

DEPUTY
SIIBRll'l' OOCKET____ PAO.. E ___
,IJ(n". 'll\HK-oe;Ff:WONrtT
41
MARTIN ENRIQUE VALBUENA
ATTORNEY AT LAW
March 27, 2008
VIA FACSIMILE (770) 443-7554
g
AND REGULAR MAIL
;= -:;. :x. '..
Honorable James R. Osborne
. :; :-;
Superior Court of Paulding County
U;)
cr-,,!,: .-
Paulding Jud!clal Circuit
;; :;.
11 Courthouse Square ... ,.. -. ' -- ...,..
-;, t;: ::: :{"::
00 ..,. "",0
'r:;>""
v.
AND REGULAR MAIL
Honorable Sandra W. Miller
Juvenile Court of Paulding County
Paulding Judicial Circuit
1387 Industrial Blvd., Suite 103
RE: AMENDED NOTICE OF CONFUCTS FOR TUESDAY, APRIL 1, 2008
(1) Paulding County Magistrate Cgyrt
CIvil Statement of Claim &. Dispossessory Calendar
Tuesday, April 1, 2008, 9:00 a.m.

Final Hearing
(4) In the Interest of Josbua Dayld Horner
Juvenile Court of PauldIng County
Status Review Hearing
File No: 2005-J-62
113 VILLAGE WAlK. SUITE B P.O. BOX 1125
DALLAS, GEORGIA. 30132
PHONE: (770) 443-2204' FAX: (770) 443-6613
MAR TINV,., L B U EN APeG BELLSO UTH. N ET
II
Civil Adion File No.: 08-CV-1124-JO
Temporary Hearing
(3) PQwell Waits y. Claudette Lynn Higgins
Civil Action File No.: 05-CV-2S66-JO
, ... :00 a.m.
42
------ -------
March 27, 2008
Dear Judge Osborne and Judge Miller:
The above-styled cases appear on your calendars for Tuesday, April 1, 2008.
Pursuant to Rules 17.1 and 17.2 of the Uniform Superior Court Rules and Rule 25.4 of
the Uniform Juvenile Court Rules, I am lead counsel in these actions, and they cannot
be adequately handled by other counsel. In addltlon, I am Chief Magistrate Judge for
Paulding County Magistrate Court and must sit as judge for the Civil Statement of
Claim and Dispossessory Calendar.
Unless instructed otherwise, I propose to sit as judge for the above-referenced
calendar and then upon completion will proceed to Superior Court for the and
!:!.Jsglns. cases. Upon completion, I will then proceed to the above-referenced case in
Juvenile Court. By copy of this letter, I have notIfied the opposing parties.
If you have any questions, you may reach me at the number below.
Sincerely,
t. \j LLl
Martin Enrique
MEV:jrm
cc: Mrs. Lynn Higgins
Monica Ann Krachman, Esq,
Mr. Michael Lowe
Mr. & Mrs. Glenn West
Paulding County OFCS
Paulding County Superior Court Clerk
Paulding County Juvenile Court Clerk
2
113 VILLAGE WALK. SUITE B P.O. BOX 1125
OALLAS, GEORGIA. 30132
PHONE: (770) 443-2204 FAX: (710) 443-6613
1M A DT 'I' Jd\lA I A'IJ:"IAOf"ADC' t cnl'TW UI:T
43
- ~ - ~ ~ - - - ~ ~ ~ ~ - ~ - - ~ ~ ~ - - - ~ ~ -
...."
'-"
STATE OF GEORGIA
MICHAEL L. LOWE,
Plaintiff,
v.
ELISA L. SMITH,
Defendant.
." .... ~
~ ~ ~
",. ':P
~ \
CIVIL ACTION FILS,NO.: .p
(.;1'"
08CV1124-JO ~ ~ : "
~ \ . ~ "
~
ca
_,,_
. ~ ~
~
~
<I'
&"
tS>
C'
""}"
ORDER
This case having been heard by this Court on April I, 2008, and after hearing
evidence from the parties,
IT IS HEREBY ORDERED, that the parties' two minor children, Zachary
Thomas Lowe, DOB: Snt1995, Age 12 and Evan Michael Lowe, 008: 7/9/1997, Age
10, shall be placed into the custody of the defendant (hereinafter, "mother"), ELISA L.
SMITH until further order of this court.
IT IS FURTHER ORDERED that neither father nor mother shall have any person
living in the house with them at their respective residences unless they are blood
relatives; i.e., there shall be no overnight "guests" allowed in the homes by either party.
Mother shall provide her address and contact number in Tennessee and there shall be no
telephone calls permitted between the parties unless the calls are related to the children.
Neither party shall harass or intimidate the other party. LASTLY, the visitation schedule
previously followed by the parties shall continue once the father is released from jail.
44
""'"
. ~
'-'
'WI
SO ORDERED this ~ day of ~
,2008.
Prepared by:
Dawn D. Ballard
Georgia Bar No. 035501
CONAWAY & STRICKLER, P.C.
2901 Piedmont Road, N.B.
Suite C
Atlanta, Georgia 30305
Reviewed and accepted by;
Georgia Bar No. ___
445 S. Main Street
P.O. Box 1125
Dallas, GA 30132
45
'--'
..."",
'-'
CERTIFICATE OF SERVICE
This is to certifY that I have this day mailed a copy ofthe attached Order in the above ;,
"'0 d ..,.--
> -' co :_',
stated matter to the parties listed below by depositing said Order in the United Mailill a': .
';Q ?
Co
properly addressed envelope with adequate postage thereon as follows:
;
!vfr. Martin Valbuena
(; r' S
o . - C"')
Attorney at Law
C:O,f:" rn
z \D
P.O. Box 1125 ..,.
,.
Dallas, GA 30132
Ms. Dawn Ballard
Conaway & Strickler
2901 Piedmont Road, N.B.
Suite C
Atlanta, GA 30305
This..-!!L day of ,2008.

P. Cochran, Secretary to
James R. Osborne, Judge
Paulding Superior Court
II Courthouse Square, Room 203
Dallas, GA 30132
770-443-7551
46
--
""-

STATE OF GEORGIA

a. ',.-<"
,. ($I S-i
O
,
MICHAEL L. LOWE,
*

% \;/)
'i' ....
Plaintiff, CIVIL ACTION FILE
c(,<;:- '1i "(,
*
-, .,L <"
*
v. NO.: 08-CV-U24-l0
'" J!'; .C'
*
.."....
0
"-
'2, ;;p

os.
EUSA L. SMITH,
-j.
*
Defendant.
*
NOTIFICAnON CERnflcA"[E
COMES NOW, Martin Enrique Valbuena, counsel for Plaintiff, and files
this Notification Certificate and states that the notification requirements of
Uniform Superior Court Rule 4.3 have been met by serving a regular and
certified letter upon Plaintiff Michael l. Lowe, a copy of which Is attached
hereto as -Exhibit An.
A copy of this Notification Certificate shall be served upon Defendant
as required by law. Plaintiff Michael L. Lowe's last known address is:
Mr. Michael L. Lowe
19 Brookside Court
Villa Rica, Georgia 30180
This theU, of July 2008.

Georgia Bar No.: 723164
P.O. Box 1125
(770) 443-2204
47
'/
CERDFICATE OF SERVICE
I hereby certify that 1 have this day served a copy of the foregoing
;,

.....
pleading upon all counsel of record In this matter by placing a copy of;a!J1e

r;::
... ""'"
S! ..
the United States Mail with sufficient postage affixed thereon to ensuri Rellv

as follows:
Mr. Michael L. Lowe
19 Brookside Court
Villa Rica, Georgia 30180
Ms. Elisa Lowe
3122 Traviston Drive
Franklin, Tennessee 37064
of July 2008.

P.O. Box 1125
(770) 443-2204
0'\ r,;Z
c. ,,,",
.."
c
"" ;;: :::s:
z"'-;
... r- .r::" --<:!:
0> -i ...
-<0
0 <:) IT!
;;: Z \D C'>
>
48
0thl b'\t "a II
ATTORNEY AT LAW
June 30, 2008
CERTIFIED MAIL RRR # 7007 1490 0002 2477 5379
8& REGULAR MAIL
Mr. Michael Lowe
19 Brookside Court
Villa Rica, Georgia 3018Q
Re: Michael L. Lowe v. Elisa L. Smith
Paulding County Superlor Court
Civil Action File No.: 08-CV-1124-JO
Elisa Marie Lowe v. Michael L . Lowe
Coweta County Superior Court
Civil Action File No.: 200lV-SS1
Dear Mike:
On June 12, 2008, you wrote me a personal check for $3,000.00 for outstanding
attorney's fees. On June 23, 2008, that check was returned by your bank for
Insufficient funds. My paralegal, Jennifer, sent you an e-mail on June 2S, 2008 alerting
you to the returned check and Informing you that unless that check was covered by
5:00 p.m. on Thursday, June 26, 2008, I would file the necessary documents to
Withdraw from your cases. As of this date, I have not heard from you regarding this
matter, therefore, I am seeking an order permitting withdrawal as your legal counsel,
in accordance with Uniform Superior Court Rule 4.3. Please take note of the following:
1. The Superior Courts of Paulding and Coweta Counties retain jurisdiction of
these actions;
2. You have the burden of keeping the Courts Informed respecting where
notices, pleadings or other papers may be served;
3. You have the obligation to prepare for hearings, trials or mediations, or
hire other counsel to prepare for these events when they have been scheduled;
4. If you fail or refuse to meet these burdens, you may suffer adverse
consequences;
,
S. The scheduling of proceedings In your cases will not be delayed, held ot'
postponed by my withdrawal. Your responslbdlty to respond to discovery will not be
excused based upon my withdrawal;
113 WALK, ST!. 8 P.O. lOX 1125
DAllAS. GEOAGIA
PHOIIE: (770) 4432204 FAX: (770) 44366U
MARTI NV EIIAPC .NET
49
MARTIN ENRIQUE VAlBUENA
6. Service of notices maybe made upon you at your last known address,
unless and until you notify the court of a new address;
7. You have the right to object to my withdrawal within ten days of your
receipt of this letter;
If you have any Questions, you may reach me at the number below.
Sincerely,
~ ~ ~
MEV:jrm
- 2
113 VIlLAGE WALK. ST! 1'.0. lOX IUS
DAllAS. G!OAGiA 30132
PMOHE: ("0) .43.. 2204 .. FAX: (7'ft' ~ .. ,.C'..: ......
50
_/
. , .
,
STATE OF GEORGIA
.oM
MICHAEL L. LOWE,
*
.. .,..\ S ;::-:::::.
*
S ....
Plaintiff, CIVIL ACTION FILE
o .. ... 'LC
*
% .,..... -::
*
,,<,2.:. tS' (.,'Z
v. NO.: 08-CV-U24-JO
0m ......0
*
'i"'''' "'0 C
* ...
ELISA L SMITH, "" f'" ;:r
*
s. ..
*
'$ 0
Defendant.
-:. ?
*
MOTION FOR WITHDRAWAL QF CQUNSEL
Martin Enrique Valbuena, Counsel for Plaintiff hereby files this Motion for
Withdrawal of Counsel and requests that the Court allow him to withdraw as counsel for
Plaintiff In the above-styled proceeding. If granted, all further notices regarding the
above proceeding should be directed to Plaintiff at the following address:
Mr. Michael lowe
19 Brookside Court
Vitia Rica, Georgia 30180
This the\ of July 2008.

P.O. Box 1125
(770) 443-2204
Fax (770) 443-6613
51

'"
I hereby certify that I have this day served a copy of the foregoing
upon aU counsel of record in this matter by placing a copy of same in the
;r: ", .' ,
..,' -
States Mail with sufficient postage affixed thereon to ensure delivery as C1" ....,
.::."'". "1:) c:::::n
::!&:
Mr. Michael lowe ...c;. f"\ .......
('t S ...cO
19 Brookside Court

Villa Rica, Georgia 30180 ,. %. .s:J "
:; ?"
Ms. Elisa Marie lowe
3122 Traviston Drive
This \ b of July 2008.

P.O. Box 1125
(770) 443-2204
52
"-.-<
-<

.
..,..,
f'
'wi
STATE OF GEORGIA
c:a,
'.;,
.t.
MICHAEL L. LOWE,
'" \" d < ';)
..
*
Plaintiff, '" CIVIL ACTION FILE
%"",
V! ......
* .J. ('. ..
v. '" NO.: OS-CV-1124-l0 ('I'(.... tt C'
Ib 9,:. ":'
'"
.,.
*
ELISA L. SMITH,
'"
Defendant.
*
ORDER pEBMlmNG WITHDRAWAL
Martin Enrique Valbuena, having moved the Court for an Order allowing his
wIthdrawal as counsel of record for Plaintiff in the above-styled proceeding, and all
requirements under Uniform Superior Court Rule 4.3 having been met, and for good
cause shown, it Is hereby
ORDERED, ADJUDGED AND DECREED that Martin Enrique Valbuena be
permitted to withdraw as counsel of record for PlaintIff Michael L. Lowe.
SO ORDEREO, this 1-day of Ofl$<S+- ,2008.
PREPARED AND PRESENTED BY:

Miilrtln Enrique Val buena
53
..
-
This is to certifY that I have this day mailed a copy of the attached Order in the above
stated matter to the parties listed below by depositing said Order in the United States Mail in a
Mr. Martin Valbuena
cg, ';::
Attorney at Law
-:;,
P.O. Box 1125 "C \<.
\
Dallas, GA 30132
'3.. 0"' .J
G'I' (") :_;. <
0 .... : .-0
.....
Mr. Michael Lowe
...
19 Brookside Court
..
Villa Rica, GA 30180 oCt:"
-z.
..
.,.
Ms. Elisa Marie Lowe
3122 Traviston Dr.
r-If.-..

II Courthouse Square, Room 203
Dallas, GA 30132
7704431551
54
',..,,/
'.
STATE OF GEORGIA
MICHAEL L. LOWE, )
)
Plaintiff, )
) CIVIL ACTION FILE
Y. ) NO.08-CV-1124-l0
"
_\ -0
) ",.

ELISA L. SMITH, )
%
) ,,,.. \
Defendant. )
Cf\

RULE NISI
;, f
r
" x::
o
c: C tJI
:.. s:
IT IS HEREBY ORDERED that each of the parties in the above-referenced
case be and appear before the Honorable Judge James R. Osborne of the Paulding
county Superior Court on the ;;:;.L day of
,2010, at 9/oi>
a.m./p.m. for a Temporary Hearing.
SO ORDERED, this L day of July 2010.

James R. Osborne
uoerlor Court of Paulding County
.ttr.elented By:

Martin E. Val buena
P.O. Box 1125
Dallas, GA 30132
(770) 443-2204
55

-"
..
'.
STATE OF GEORGIA
-:,:
MICHAEL L LOWE,
)
"U 0;:
) "';.It .,., t

Plaintiff,
) /1',
) CIVIL ACTION FILE
:-: ,
) NO.08-CV-1124-JO
0'
)
v.
)

EUSA L. SMITH,
(') "";. r
)
g 7,
__ u.;
Defendant.
)
'"
ENTBY OF APPEARANCE
COMES NOW, Martin Enrique Vatbuena, attorney for Plaintiff Michael L. Lowe
in the above-styled matter, and hereby flies this Entry of Appearance on Plaintiff's
behalf.
This the _ bday of July 2010.
MARTIN ENRIQUE VALBUENA, P.C.

P.O. Box 1125
Oallas, Georgia 30132
(770) 443-2204
Fax (770) 443-6613
56
--
"
cEmFIgIE OF SERVICE
I hereby certify that I have this day served a copy of the foregoing pleading
upon all counsel of record in this matter by placing a copy of same in the United
States Mail with sufficient postage affixed thereon to ensure delivery as follows:
Ms. Elisa Lowe
279 Crossroads Estate Drive
Newnan, Georgia 30265

This day of July 2010.

P.O. Box 1125
(770) 443-2204
-,'
...

'(:- c::;
a"""'"
::?, \
c/'
Or"'" "'I

-( v\

'"
57
...."
'-' ORIGINAL
STA1'E OF GEORGIA
MICHAEL L. LOWE, )
-
-"
v.
Plaintiff,
)
)
)
)
CIVIL ACTION FILE
NO. 08-CV-1124-JO
"" 0
? , , - ~
'f ~ . ~
~ ?"
C> .,' \
~ ; : ; . ~ ....J
"''''
c 'PV> ..-0
)
~ . , , - - : : : .
.. \ ~
~
ELISA L. SMITH, )
)
'6 S r:?
c c t...l
~ -z, <.f\
Defendant. )
'"
MINOR CHILD'S ELECTION
PERSONALLY APPEARED before the undersigned officer, duly authorized
by law to administer oaths, Zachary Thomas Lowe, who, being first duly sworn,
deposes and states:
1.
My name is Zachary Thomas Lowe, and I am fifteen (15) years old. I was
born on May 7, 1995.
2.
I have personal knowledge of the matters stated in this Affidavit and if
called to testify in person, I would testify to the facts as contained in this
Affidavit.
3.
I understand that this Affidavit will be used as evidence in the change of
custody proceedings between my mom and dad.
58

-"----
'-'
...,
'"'"
4.
I have selected my father to have primary physical custody of me. I want
to live with my father and visit with my mother. I still want my mom to be a big
part of my life. I would like the visitation to be flip-flopped so that I would see
my mom on as many holidays and weekends as possible and spend most of the
summer with her.
5.
I want to have my own "one
H
stable home that my friends from school can
come over to.
6.
I want to live with my dad school is a bigger priority in his
household, and he is very Involvee: with my school and sports. If I live with my
dad, 1'1/ probably go to Masters Academy, a good private Christian School that will
help me to succeed and get Into a decent college or have the opportunity to do
whatever I want to when I graduate from high schoof.
7.
GOing to chu",h Is also Important to me, and It Is Important to my dad, his
wife and my step-.rothe", too. I do not 90 to chu",h while liVing with my
mother.
8.
If I live with my dad I Will have a bett", oPPOrtunity to play high schOOl
Sports.
2
59
,-,,
....,
'-'
9.
My dad has remarried, and I have two step-brothers. I have fun playing
with them and dOing spcrts togethE!r. I see all the things that my step-brother
Hunter is involved in and wish that I could do those things too.
10.
I have made this decision frE!ely and voluntarily, and no one has put any
pressure or undue influence on me to make this selection.
11.
I do hereby elect to have my dad be my primary physical custodian, and I
do hereby request that the Court enter an order naming my dad as my primary
physical custodian, allowing me to live with my dad and see my mom on as many
holidays and weekends as possible and spend most of the summer with her.
This the ~ day of July 2010.
r ~
'./'y{.C
Ifc Thon
Sworn to and subscribed before
me t h i S ~ _ day of July 2010.
~ ~
Notary Public In and for the
State of Georgia
3
60
, .
'-'
..., ORIGINAL

",.
STATE OF GEORGIA
-0
..o?, .,A -I"
'("\
-:1'
MICHAEL L. LOWE
I
)
't.,;-::: ..0
)
<'';'.- , ?

Plaintiff, )
,,' Y;'
J. .... .,A
) CIVIL ACTION FILE
('.
'b 0 V'
v. ) NO. 08-CV-1124-JO
oj.
)
ELISA L. SMITH, )
)
Defendant. )
MINOR CHILD'S ELECTION
PERSONALLY APPEARED before the undersigned Officer, duly
authorized by law to administer oaths, Evan Michael Lowe, who, being first
duly sworn, deposes and states:
1.
My name is Evan Michael Lowe, and I am twelve (12) years old. I will
be thirteen (13) next week. I was born on July 9, 1997.
2.
I have personal knowledge of the matters stated in this Affidavit and if
called to testify in person, I would testify to the facts as contained in this
Affidavit.
3.
I understand that this Affidavit will be used as evidence in the change
of custody proceedings between my mom and dad.
61
'-
...,;
'-'
4.
I have selected my father to have primary physical custody of me.
want to live with my father in Florida and visit with my mother in Georgia as
much as I can on holidays and during most of the summer.
5.
While living with my mother the last three years, I haven't lived in our
own house. I don't want to worry about where I am going to stay every
night. I want to live in a home that my friends from school can come over
to.
6.
My mom does not go to church, and I want to go. My mom cusses a
lot, and I don't want to be around cussing all the time.
7.
I want to do better in school. If I live with my dad, I will have a place
to do my homework each night. My dad will make sure that I get my
homework done each night, and he will spend more time helping me to do
better In school. He will be more involved in my school academics overall.
The school that I would hopefully attend in Florida, Masters Academy, is a
private Christian school that will help me get into college.
2
62
I
-_/
.,
'-'
8.
My dad is remarried, and he and his wife, Mia, are very involved in my
step-brothers' (Wyatt and Hunter) sports activities. It would be nice to have
them involved in my sports too and for them to be able to go to all my
practices and tournaments. My step-brother Wyatt and I are the same age,
and I enjoy playing with him.
9.
I have made this decision freely and voluntarily, and no one has put
any pressure or undue Influence on me to make this selection.
10.
I do hereby elect to have my dad be my primary physical custodian,
and allow me to live with my dad and visit with my mom on holidays, most
of the summer and on weekends when possible.
This the l day of July 2010.
f t t r r > ~
Evan Michael Lowe
Sworn t3dd subscribed before
me this day of July 2010.
~ ~
Notary Public In and for the
State of Georg la
3.
63 --
...;

STATE OF GEORGIA
...-'-")
r::t .',
-0
MICHAEL L LOWE. )
...... fP 'r. ..
)
lQ'1)
Plaintiff, ) .... (/,(2
{;";', It
v. ) CrvIL ACTION FILE

) NO.OS-CV-1124-JO ("'::.":.
'if.- ?f"
ELISA L SMITH, )

)
f- It,'
t - __
Defendant. )
.
:0
MOTION FOR DISMISSAL OF PLAINTIFF'S CURRENT REQUEST FOR A
"TEMPORARY HEARING"
COMES NOW, ELISA L. SMITH, and makes this Motion and Demand For Stay ofTemporary
Hearing the foUowing reasons of law ofand fact:
I.
On or about March 4, 2008, the Petitioner. Michael L. Lowe, by and through bis attorney Martin
Valbuena filed the above-captioned action.
2.
This case was heard on April I. 200S by the Honorable James R. Osborne. Judge of Paulding
Superior Court.
3.
Judge Osborne issued an order dated April 8, 2008 entitled "Order." Said order granted custody
ofthe minor children ofthe parties to Defendant.
4.
After hearing both parties, by and through their counsel, Judge Osborne, found 00 merit to the
Plaintiff's allegations and evidence that would support a change ofcustody. Further, Judge
Osborne reversed the ex parte order granting Plaintiff temporary custody of the minor children of
the parties. Said "Order" is attached to this Motion as "Exhibit 1" and the ex parte order is
attached to this Motion as "Exhibit 2."
64
--'-- - - - - - ~ -
~ " . ""',
'
""'"
s.
Reviewing the "Order" issued by Judge Osborne, it is clear that this was a final disposition of
this case. Said "Order" did not direct the parties to mediation, set forth a discovery time-line. set
the case for a subsequent hearing. or any other directions indicating that this case was to continue
Past this point.
6.
The only language in the "Order" that the Plaintiff could argue that the case was to continue is
"until further order of this Court" whicb is standard legal language in both final and temporary
orders.
7.
A quick review of the Clerks file ofthis case shows that the Plaintiffand his attorney, Martin
Valbuena, never filed any requests for discovery, set this case for any further hearings or any
other activity to indicate that the case was ongoing and thaI the "Order" was anything other than
a fmal disposition ofthis case. (It should also be noted that Plaintiff has never filed a financial
affidavit in this case as required by Georgia Superior Court Rule 24.2)
8.
In the more than 2 years since this Court's Order was issued by this court there as beeo no
activity in this case.
9.
Since the filing ofthis case, the Plaintiff has moved to the State ofFlorida. The Defendant was a
resident ofFuhon County. Georgia. Neither party. nor their children, have any business or
transactions in Paulding County at the present.
10.
Unquestionably. the facts and circumstances that were the basis ofthe Plaintiff's original
complaint in this case are stale. IfPlaintiff wishes to assert a change ofcircumstances regarding
custody oftbe minor children. be and his attorney must file a new Petition or Complaint alleging
the current filets and ciIcumstances thaI would merit such a change in the proper venue which is
clearly Coweta County. Georgia.
II.
The Order dated April 8, 2008 is a final order and is res judicata as it pertains to these matters.
65
--
'-"
""
WHEREFORE, your Defendant is unduly and mmecessarily burdened with defending herself
again in this venue for a case that Willi ultimately decided by this Honorable Court in 2008 and
requests the following reliet:
I} That this Court summarily dismiss the Motion for Temporal)' Hearing filed by the Plaintiff.
2) That this Honorable Court award attorneys fees. paralegal fees and other costs for having to
defend this mvolous action in an amount not less than one thousand dollars ($ IOOO) pursuant to
Rule 12 ofthe Georgia Rules of Superior Court;
7 ~
Elisa L. Smith,
Defendant
279 Crossroads Estates Dr.
Newnan, GA 30265
404-704-7058
66
L 9

,:.
\w
...,,;
'"'
IN TIm SUPERIOR COURT Of PAUU>lNQ COUNTY
STATB OF GEORGIA -
MICHABL L. LOWE,
Plaintiff,
Y.
BLlSA L. SMiTH,
DcfeDdant.
...
... ." .. .,
'P ...." .':
" . ,
:-. .
CNIL ACTION FlumO.;,p ',',
OSCVl124-JO '(.\::. 't;:;;

'J, ., :sf' '"
\JJ;'
.,.
2ImIB
ThIs case baving been beanl by lbis Court on ApriJ 1. 2008. and after hearing
evidmce from the pWes,
IT J8 HEREBY ORDERED, that the parties' two minor childnm, Zachary
ThoI1l8ll Lowe, DOD; snmm, Ale 12 and BVIIl MiclIul Lowe, DOS: 71911W1. Aac
10, JbaI] be pleeed Into the or the "moCher"). BUSA L.
SMlTH until fu!1ber order ofIhia \:Owt.
IT 18 FURTHER ORDERED lila! neither father _ mother sball have any peI10Il
!ivins in die bouse with them at their residences unlell they arc blood
rclativcs; i.e., tbore shall be no ovcmigbt "IIUJI'IIS" allowed in the homes by either party.
Mother shall provide her address and COIIIaet _her in T_and there shall be 110
IelClpbono CIIIIs permitted between the parties un1CM the CIIIls arc mated to the d1ildnm.
Neither party shaIJ barIss or intimidate the oCher party. LASTLY. the visitIltion scMdulc
pMYiously followed by the pardesllball COIIIimle OIII:C the father is released from jail.
68
""'-'
III!.
'-

"
...;
'""
This iSlO certify lhat I have this day mailed a copy of the allacbcd Order in the aOOYe :.
: 8
stated matter to the parties lilted below by depositing ,aid On.\er in the United Sta(;s 'wI. 8 S. '":.
'i ., ;:0 :""
('l.n _ 1 -;'
properly addressed envelope wilh adc.qual8 JlOSI83C Ihercon as follows; 2:;;:" ..t> .:. ,"

Mr. Martin Valbuena '" r' is _t __
<'1 .- ... n
Allomey at Law
c 0 ""
% U) '"'
P.O. Box 1125
VI
Dallas,OA 30m
Ms. Dawn Ballard
Conaway 8t Strickler
29(lI Piedmont Road, N.B.
SuileC
AtllIIlta, GA 30305
,2008.

P. Cochran, Sc:cn:tJfy to
18.111eS R. Osborne, Judgo
11 Courtlluusc Square, Room 203
Dallas.OA 30132
770-44)7SSI
69
O L
" . . . _ - - - . . _ - " " . " - . . - - - - - - . . - " ~ . ~ . . - . . . - - - - - - -
'--"
..",
\.r
t
IN THI SUpeRIOR COURT OF PAULDING COUNTY
STATE Of GIORGIA
MICHAEL L LOWE,
'"
'"
Plaintiff, CML ACTION FILE NO.:
'"
II:
v. 08 CV IIJ.If - JO : -4 :.
,.
Q
'" c...,
c: .. flO
'" 2 ~ ~
,
ELISA L SMITH,
s ~
'"
~ :.. S;
gp:;: J..
~ =
'" c .... .. (":Z
Defendant.
;rlO(/t
'"
g.:')
= , . ~ ~
ft ..... z""
o .... ... ....""
li 0 - -<0
IX PARTE ORDER
;: z g
al'f1
:-
Plafntlff Michael L. lowe having filed a Complaint for Change of Custody
against Defendant Elisa L. Smith and having requested an ex parte hearing and
custody order based on the existence of an eminent and substantial threat to
the health, safety and well-being afthe Parties' children, the Court, after
reviewing the pleacl1ngs, hearing the evidence presented, argument on all Issues
and reviewing applicable case law, and it appearing to the Court for merltorlous
reasons and for other good cause shown, It Is therefore Ordered, Adjudged
and Decreed that:
1.
this Court has subject matter jurisdiction of this case pursuant to the
provisions of the Uniform Child Custody Jurisdiction and Enforcement Act,
O.C.G.A. 19-g..40 et. seq. Venue Is proper here because Defendant has left
the state and apparently Is no longer a resident of Georgia and Plaintiff resides
in Paulding County.
71
>.J
~
2.
In Coweta County, Georgia In CMI Action No. 99-V-447. The Court entered the
Final Judgment and Oeaee on April 6, 2000. Subsequent to their divorce,
Plaintiff filed a Petition for Modl1lcatlon of Child Custody and Child Support In
Coweta County, Georgia In Civil Action File No. 04-V-32. That case was
resolved by a hearing that awarded the Parties joint legal and joint physfcal
custody of the Children.
3.
Defendant has left the State of Georgia without providing notice to
Plaintiff, and she Is refuslng to provide PlaIntiff with her address In Tennessee.
Furthermore, she Is limiting Plaintiff's access to their children.
4.
Defendant Is apparently living with her boyfriend In the Nashville,
Tennessee are. without the benefit of marriage. Contrary to the visitation
rights contained In previous Orders, Defendant Is deciding when Plaintiff may
exercise his custodial periods with the Children.
5.
Given Defendant's actions, It is In the best Interests and welfare of the
Children that they be placed In the temporary legal and physical custody of
Plaintiff.
:I
72
//
-,
..........-'
...,
'
6.
Until further order of this Court, Plaintiff shall retain tempol1lry legal and
physlcal custody of the Parties' minor children, Zachary Thomas lowe, DOB:
5/7/1995 and Evan Michael Lowe, OOB: 119/1991. A temporary hearing shell
be held at a.m., on the L day of 2008 to determine whether
the prayers requesbild In Plaintiff's Complaint should be granted.
IT IS SO ORDEUD thl' -!/- day of March 2008.
6t!
__

}#'

3
73
--
-,
..,
/:', ,t:g
'-
>1/4;<fo
,/"" I.., 'f/t

V 'lJr./f
. A 1;, It, "Q;
IN THE SUPERIOR COURT OF PAULDING " ,.
STATE OF GEORGIA (lCe(':' . , 1

r
l
,.
MICHAEL L, LOWE, v;:,.,t-',)
'1/,("
Plaintiff,
v, CIVIL ACTION FILE
NO,08-CV-1124-IO
ELISA L SMITH.
Defendant.
PLAINTIFF'S FAILURE TO COMPLY WITH
GEORGIA UNIFORM RULES OF SUPERIOR COURT
COMES NOW, EUSA L. SMITH, the Defendant in the above-captioned case, and makes this
Third Motion to Dismiss for the following mlSons oflaw and fact
Plaintiff and his attorney, Martin Valbuena have requested a bearing befoIC this Honorable Court
pursuant to a Rule Nisi being issued by the Clerk ofCourt upon Attorney Valbuena's request.
The clerk issued a Rule Nisi for a bearing set for Iuly 21. 2010 at 9:00.
This hearing cannot be held due to the Plaintiff's failure to file a Financial Affidavit with this
Honorable mora than IS days before a hearing involving custody and child support issues.
Uniform Rule 24.2 states the following:
l4.2. FiaaDclai data required; Icbedlllillg aad Dotift of temporary hearing.
1. Except as noted below, at least fifteen (IS) days before any temporary or final
bearing in any action for temporary or permanent cbild support, alimony, equitable
division ofproperty. modification ofchild support or alimony or attorneys fees, the
party requesting such bearing shall file with the Clerk ofCOurt and serve upon the
opposing party the affidavit specifying his or ber financial circumstances in the
form set forth berein.In eases involving child support, the; worksheet and schedules
required by O.C.G.A. 19-6-15 and only as promulgated by the Georgia Child
Support Commission. shall be completed insofar as poasible and filed with the
clerk and shall be served upon the opposing party contemporaneously with the
filing of the affidavit required above. Online submission of tbe worksheet and
schedules shall not suffice as filing with the Clerk ofCourt.
DaThis is not a situation that can be remedied in the time before this case is scheduled as there are
less than 15 days before the bearing has been requested to be beld.
74
.1
...--- .
.',
...v
"
\.f
""'"
Defendant respectful requests this court to require and demand that Plaintiff comply with the
Superior court Rules so an not to unduly prejudice your Defendant in preparations for litigation.
To not abide by this Rule allows "trial by ambush."
WHEREFORE, the Defendant requests the following relief:
This Court reschedule this hearing to a date after Plaintiff complies with the Unifonn Rules.
Any other relief as this Court deems necesSIU)' just and proper.
Respectfully submitted
Elisa L. Smith,
Newnan, GA 30265
4047047058
75
---"

..",;
",,'!, .<'>

q" 'V:."U",
"fl-",
A
f
IN TIlE SUPERIOR COURT OF PAULDING /..
STATE OF GEORGIA C'di!'.s. 7/ -,
'Yo',
rj.< ',)
MICHAEL L. LOWE,
'b'lq:,
Plaintiff,
) /J
v. ) CML ACTION FILE
) NO. 08-CV-I 124-JO
ELISA L. SMITH, )
)
Defendant. )
NOTICE TO COURT OF ANOTHER COURT HAVING JURISDICTION OVER CHILD
CUSTODY MATTERS PURSUANT TO O.C.G.A. 19-9-62, FRAUD, PERJURY AND
REQUEST FOR RULE 1l SANCTIONS
COMES NOW, ELISA L. SMITH, the Defendant in the above-captioned ca.se, and files the above
described NOTICE by showing !he following:
The Plaintiff, MICHAEL L LOWE. and his attorney Qf record. MARTIN E. VALBUENA have
created a what can Qnly be called a venue and jurisdictional mess by filing civil actions in two
Superior Courts of the State ofGeorgia.
This jurisdictional mess was created by the Plaintiff and his attorney. Martin E Valbuena, when they
filed the above-eaptioned case on March 4, 2008 witb the specific purpose ofobtaining custody by
II through an ex parte order by this Court.
Plaintiff and Attorney Valbuena did convince this Honorable Court to issue an ex parte order
tranferring custody of!he minor children to Plaintiff.
Based on this ex parte order an AMBER alert was issued for Defendant and ber minor children and
more than a month later your Defendant was arrested and incarcera.ted by State of Tennessee and
extradited to the State ofOeorgia and further incarcerated based upon this ex parte order which later
failed scmtiny by this Court and the children were returned to the cnstody of their mother, the
Defendant after a hearing at which she was able to attend.
In the verified complaint filed in the above-eaptioned case, the Plaintiff swore under oath before a
notary of the Slate ofGeorgia the following: "Plaintiff is not aware ofany pending proceeding other
'"
than this action concerning the custody ofthe children.
n
Attorney VaJbuena signed these pleadings
as Plaintiff's attorney of record.
At the time that the Plaintiff filed this action, there was, iffacl, an open and continuing custody case
before the Coweta Superior Court. Plaintiff had filed a Petition for Modification ofChild Custody
and Child Support on January 14. 2004, and it was entitled Michael L. Lowe v. Elisa L. Lowe, Civil
Action File No. 04 V 32.
76

'--'
..",
\.if
The misrepresentation by Plaintiff Lowe fraudulently caused this Honorable Court to assume jurisdiction
in this matter. issue an ex parte order and subjected the Defendant, a mother. to be booked. incarcerated. and
her name and photo published on the world wide web as a kidnapper.
On December 9. 2008, the Coweta Superior court dismissed this aetion for lack ofprosecution by Plaintiff
Michael L. Lowe. even tbough he attended eourt and offered evidenee and testimony to the Honorable
William F. Lee, Jr . ChiefJudge of the Coweta Judicial Cireuit.
On April 12.2010. 17 months later, Attorney Valbuena filed Civil Action Number IO-V-804 styled as
"Motion to Set Aside Order" requesting that the Coweta Superior Court reopen the dismissed Coweta casc.
Plaintiff Lowe did not verify this complaint but Attorney Valbuena signed !IIi his attorney of record. This
matter is still pending before the Superior Court and your Defendant has filed a Motion to Dismiss and briefs.
Valbuena has yet to respond to said motion or submit a brief.
Knowing that he bad just filed a new custody aetion in Coweta Superior Court (Civil Action Number IQ..V
804) just two (2) months prior, Valbuena bas requested this Court to sct this case for a "Temporary Hearing"
next week. Further. other !han calling for a temporary hearing. Plaintiff bas not stated the nature of this
requested hearios.
Further. there is a current Contempt Action against Michael Lowe pending in the Coweta Superior Court for
his arrearage of past due cbild support in an amount more than $70,000.
Wberefore. your Defendant requeIllS the following relief:
That this Court hold an inquiry into the fraud and misrepresentation by Plaintiff Lowe committed against this
Court by filing, under oath. untrue statements tbal caused this Honorable Court to erroneously asswne
jurisdiction in this matter;
ThaI this Court hold an inquiry into the conduct of attorney, Martin Va/buena, for bis complicity in lhis
fraud, as well as his continuous filing of actions in both Coweta aud Spalding Superior Courts, while
knowing thaI such actions cost your Defendant lime, money, resources as well as suffering the
embarrassment of incarceration and publication and characterization as a kidnapper.
That upon finding that Plaintiff Lowe lied under oath and otherwise committed fraud against this Honorable
Court thai he be found in contempt and subject to Rule 12 sanctions in an amount thllt will compensate your
Defendant and refer these matters to the local disttict attorney;
That upon finding that Attorney Valbuena assisted and pennitted this fraud or bas caused your plaintiff 10
be harmed, that this Honorable Court refer these matters. e Bar. tbe district aFas well as the S
Judicial Ethics Counsel and that this court levy Rule 12./ r his conduct. '/
"
CJi" Y" -
Newnan, GA 30265
404-704-7058
77
/
"--/
ATTORNEY AT LAW
July 20, 2010
Paulding County Superior Court
280 Constitution Blvd .1)
Dalias, Georgia 30132 ....-: ......
....... (:)
Honorable Tonny S. Beavers
-p -:;.<0
'd <:::. 7' '0...,
% _.' N ()'1
280 Constitution Blvd e>Q.-s:. (:) 00
- c .....
Dallas, Georgia 30132 '1--<'

C': ,..r.
Honorable S. Lark Ingram 9.. 0 ..... c>
,...
Superior Court of Cobb County
32 Waddell Street
'"
Marietta, Georgia 30090
RE: NOnCE OF CONFLICT FOR WEDNESDAY, JULY 21, 2010
(1) Michael L. Lowe v. Elisa L. Smith
No.: O$-CV-1124-JO'
Superior Court of Douglas County
Wednesday, July 21, 2010,9:00 a.m.
Temporary Hearing
(2) Gatberine McRee-Moser v. Charles T. McReE:
Civil Action File No. 10-CV-122-JO
Wednesday, July 21, 2010, 9:00 a.m.
Final Hearing
(3) C. Dwayne Pope v. Angela PORe Gilbert
Douglas County Superior Court
Civil Action File No.: 10-CV-4242-TB
Wednesday, July Z1, 2010, 9:00 a.m.
Emergency Hearing on Plaintiff's Complaint for Change of Custody
(4) Mia Mvery. Brandon David C;i\duccl
Civil Action File No.: 10-1-4567-34
Superior Court of Cobb County
Wednesday, July 21, 2010, 9:00 a.m.
Temporary Hearing
113 VILLAGI! WALK, STE. B P.O. BOX 1125
PHONE: (770) FAX: (770) 443-6613
MARTI NVAL8ueNAPc08ELLSOUTH. N ET
78
'--' "
July 20, 2010
Dear Judges:
The above-styled cases appear on your calendars for Wednesday, July 21,
2010 at 9:00 a.m. Pursuant to Rules 17.1 and 17.2 of the Uniform Superior Court
Rules, I am lead counsel in these actions, and they cannot be adequately handled by
other counsel.
Unless Instructed otherwise, t propose to first appear In Paulding County
Superior Court for the above-referenced cases. Upon completion, I will proceed to
Cobb County Superior Court for the ~ hearing. I will keep all Courts updated as
to my status. By copy of this letter, I have notified the opposing parties.
Sincerely,
~ ~
MEV:jrm
cc: Mr. Michael lowe
Ms. Elisa Smith (via email)
Mr. Brandon Carlucci
Ms. Mia Myer
Ms. Catherine McRee-Moser
Mr. Charles T. McRee
Cobb County Superior Court Clerk
- 1
113 VILLAGE WALK, STE 8 P.O. BOX 1125 DALLAS, GEORGIA. 30132
PHONE: (770) 443-2204 FAX: (770) 4436613
MARTI NVAlIUENAPC@BELlSOUTH.NET
79
IN THE SUPBRIOR COURT OF PAUWING COUNTY
STATE OF GEORGIA -0
7 ......
,.
MICHAEL L. LOWE, ) .... 0"'"
-;. ". -'.0
)
7"
Plaintiff, )
". ,.: ("I""
v, ) CIVIL ACTION fn.E
) NO.08-CV1124-JO
1. 'Z--<'
EUSA L. SMITH, )

)
\"i
Defendant. )
-:.
Certifieate o(Serviee
COMES NOW, Elisa L. Lowe and certifies that she has filed the following documents
and pleadings in the above-capt.ioned case and shows that she has mailed, via first class mail,
copies ofsaid pleadings to Martin Valubena, attorney ofrecord for the Plaintiff:
NonCE TO COURT OF ANOTIlER COURT HAVING JURISDICTION OVER CHILD
CUSTODY MATIERS PURSUANT TO O.C.G.A. 19-9-62, FRAUD, PERJURY AND
REQUEST FOR RULE 11 SANCTIONS
MOTION fOR DISMISSAL OF PLAINTIFF'S CURRENT REQUBST FOR A
"TEMPORARY HEARING"
PLAINTIFF'S FAILURE TO COMPLY WITH GEORGIA UNIFORM RULES OF SUPERIOR
COURT
Said documents were mailed, via U.S. First Class Mail, to Plaintiff's Attorney ofRec:ord as
follows:
Elisa L:
Defendant
279 Crossroads Estates Drive
Newn&ll. GA 30265
(404) 704-7058
C!erhl-ied
'7f)()Z o8td> 3,,32....
80
I 8
, . : 3 / 1 " Z ( ) t C . 1 7 1 1 / r ( J U ( f 1 7 r /
J ' C I " i S E t C 5 ' ( Y ? I 0 A 5 J C U i J h l t : ?
o . , s o L - f ; t 1 4 - h C l j r
- - ? f ? 1 7 - . , 9 / U 1

? C j i - 1
0

r n r r y n t , i f - U 9 " n j d
- - - - - - - - - - - - - - _ . - - . _ . _ - _ .
--
--.,.
....;
'-'
IN THE SUPERIOR COURT OF PAULDING COUNTY ...0
-..., -",\

STATE OF GEORGIA
.0() -::1 '"1
''C '(" 'G'"
-:"., J/
0 -)' 0 ':':",
MICHAEL L. LOWE,
*

*
.I.
Plaintiff, * CIVIL ACTION FILE
'b ';; ':'.
* ';:.. .
v. $ NO.: OS-CV-1124-l0
*
EUSA L. SMITH,
*
*
Defendant.
*
TEMPORARY ORDER
The above-entitled case came before the Court on Its regularly
scheduled non-jury calendar date of Wednesday, July 21, 2010 for a
temporary hearing on Plaintiff's Complaint for Change of Custody. Plaintiff
appeared with counsel, and Defendant appeared pro se. After hearing the
evidence presented and argument on all issues, and it appearing to the
Court for meritOrious reasons and for other good cause shown, it Is therefore
Ordered, Adjudged and Decreed that:
1.
The Court was unable to complete the Temporary Hearing on
Wednesday, July 21,2010. The hearing shall be continued at 9:00 a.m.,
Wednesday, August 4, 2010.
82
~
..."J
2.
Before the temporary hearing commenced
l
Defendant objected to the
Court's jurisdiction based on improper venue. The Court finds that Defendant
had an attorney representing her previously in this case and that her attorney
made an appearance In the case and participated in an emergency hearing, in
which Defendant prevailed, without raising any objection to venue. The Court
further finds that in the two and a half years that this case has been pending,
Defendant has not flied any responsive pleading raising an objection to venue.
Based on these factual findings, the Court finds that Defendant has waived
any objection to venue that she might have had.
3.
Based on the Children's Minor Child Elections and the Court's
consultation with the Children, the Parties shall have joint legal custody of the
Children, and the Father shall have temporary primary physical custody of the
Children until the temporary hearing is completed.
4.
The Children shall be In the Father's custody from July 21, 2010 - July
30/ 2010. The Father shall bring the Children to the Mother's residence or a
mutually agreed upon place no later than midnight on Friday, July 30
th
(Friday night/Saturday morning). The Children shall be In the Mother's
custody from July 30, 2010 until August 4, 2010.
2
83
---
--

\.;
...,
5.
All other Issues are reserved until the temporary hearing Is completed or
further order of the Court. !tv
SO ORDERED, this day of fiJi)/</(/
'It:: 'V J) '1()I 0
ames R. Osborne
ng County Superior Court
Ing JudiCial Circuit
Prepared. PreIIented By:

Martin Enrique Val buena, Esq.
Attorney for Plalntilf
3
84
...;
""
This is to certi!)' that! have this day mailed a copy of the attached Order in the above
slated matter to the parties listed below by depositing said Order in the United States Mail in a
Mr. Martin Valbuena
........ ""
Attorney at Law
-9 0
P.O. Box 1125
'$. ,:',,,,
Dallas, GA 30132
S! ' IJI
.....
0 C'.
Ms. Elisa L. Smith
co.c'

-' ..... '" ..
r 0- ,t}
Newnan, GA 30265
<;; -:'. ';;" -: i'
l:.!o n C'l
.,Ai .... t,; .,,,
oJ'
This I f) day of
,2010.
@GnL
p, Cochran, Secretary to
Paulding Judicial Center
280 Constitution Blvd.
770-443-7636
85
"'-'

...,J
.....
IN THE SUPERIOR COURT OF PAULDING COUNTY _, '..;
;;>

STATE OF GEORGIA
.' .
:. '". \ ..:")"..o!fl>
('l(J '<, .. MICHAEL L. LOWE, (..,"-;t..
*
*
CML ACTION -0
Plaintiff, FILE NO. "'t."'I'\
* '1 .-4,,
v.
*
" r', t.?
.' :.' til
*
EUSA L. SMTIli,
*
*
Defendant
*
PRDER DENYING McmoN FOR DISMISSAL OF PLAINDFF'S CURRENT
REQUEST FOR A "TEMPORARY HEARING"
This case comes before the Court on Defendant's Motion for Dismissal of
Plaintiff's Current Request for a "Temporary Hearing." After review and
consideration of said motion, briefs, the record and the applicable law, the Court finds
as follows: As the parties appeared before this Court on Wednesday, July 21, 2010, for
a temporary hearing, Defendant's motion is now MOOT.
Thus, IT IS HEREBY ORDERED, that Defendant's Motion for Dismissal of
Plaintiff's Current Request for a "Temporary Hearing" be DENIED.
IT IS SO ORDERED, this.lL day of August, 2010.
RSL
86
-------- /
Page 1 of3
'-'
-..",J
.,;
'-'
IN TIt! SUPERIOR COURT 0fI PAULDING COUNT\' ..0
* At.,
'- ..
'0 f ..
STAT! O' GIORGIA
... ..,
\ t' '5'>
'\ -:;.
"rt ,. ,<If.
MICHAeL L. LOWE,
*
....,. ......
..
:t.;..../-;.:.
# i'
Plaintiff,
..
CIVIL AmON FILE
.. '&- ;

v. NO.: Oe-CVU24-JO
*
*
..
IUIA L. SMITH,
..
DefeJldant.

DItpQRARX ORRIIR
The above-entitled case came before the Court on ItS regularly
sd'Ieduled non-jury calendar date of WedneSday, July 21, 2010 for a
temporary hearing on Plalntllf's Complaint for Change of CustodV. Plaintiff
appeared wit" counsel, and Defendant appeared pro se. After hearing the
evidence presented and argument on alIISSUe5, and it appearlng to the
Court for meritorIOus reasons and ror other good cause shown, It is therefore
ant_red, AdjudGed and Decreed that:
1.
TIle COurt was unable to complete the Tell'lpOl'lly Hearing on
Wednesday, July 21, 2010. The hearfng shall be continued at 9:00 a.m"
Wednesday, August 4, 2010.
http://192.168.2.15IWebCaseManagementllmageheader.aspx:?RECTYPE=Civil&id=3804... 812712010
87
_. __._
\w
..."
~
""
2.
Before the temporary hearing c;ommenced, Defendant objected to the
CouIt's JurfsdJctlon baSed on Improper venue. The Court finds that Defendant
had an attorney representing her prevIOuSly In thIS case and that her attorney
made an appeeranoe In the case and participated In an emergency hearing, In
which Defendant pnwalled, without raiSIng any objectiOn to venue. The COUrt
further flnds that In the two and II half years that this case has been pending,
Defendant has not "led any responSive pleading raising an Ob:tectlon to venue.
Based on these factual findings, the COUrt finds that Defendant has waived
any objection to venue that she might /lave had.
3.
Based on the ChUdren's Minor Child Elections and the Court's
consultation with the Children, the Parties shell have Joint legal custody of the
Children, and the Father shall have temporary primary physIcal custody of the
ChIldren until the temporary hearing Is completed.
4.
The Chlld""n shall be In the F.ther's custody from July 21,2010 July
30, 2010. The Father shall bring the Children to the Mother's residence or II
mutually agreed upon place no later than midnight on Friday, July 30"
(Friday nlght/Saturday morning). The ChIldren shall be In the Mother's
custody from July 30. 2010 until August 4, 2010.
Page 2 of3
http://192.168.2.15!WebCaseManagementlImageheader.aspx?RECTYPE=Civil&id=3804... 8127/2010
88

Page 3 of3
....",
.J
"'"
s.
All other Issues are reserved until the temporary hearfngls completed or
further order ofthe Court. /fJ

--;tt 'VI, '3QIO

H.rtln EnrlQllt VlIbuenI, Esq.
Georvll ear No. 723164
AdXImIY Ibr PIIIIntIIJ
http://l92.168.2.151WebCaseManagementlImageheader.aspx?RECTPE=CivH&id=3804... 812712010
89

'
'-'
""'"
{;;ERTIFICATE OF SERYl{;;E
This is to certi fy that I have this day mailed a copy of the attached Order in the above
'1>
;,.
C; ::1}
Mr. Martin Valbuena '"$. en d?
pI rrt
Attorney at Law n -0 7.. ......
..0:;... C'J_
P.O. Box 1125

Dallas, GA 30132 "M- 00
-0 c
11
':;, ':X Z"""
p' -(-
. L Smith ("} r"' c.a ...(0
() --\ P1
Ms. Ehsa . d Estates Dr.
..:: {J (J1 _
279 Crossroa 530265 :-1 CQ ;:
ft
Nev.'lIan, GA ,2010.
I d.y of :Cf). ./
This --
lames R. Osborne, Judge
770-443-7636
90
F;.u {A;C
ATTORNEY AT LAW
liioi
..,
-- o
September 2, 2010
1-;1
, 1__ '
Honorable James R. Osbome
'" ""
.. (.1..'
r
t
t;,." lr ..-0
.... . .-::
'6 ':.
r;', I,
RE: Michael L. Lowe V. Elisa L. Smith
-' "
'"
Civil Action FIle No. 08-CV-1124-JO
Dear Judge Osborne:
Enclosed please find a proposed Temporary Order in the above-referenced case. I
forwarded this proposed Temporary Order to Ms. Smith on August 7, 2010. She responded
bye-mall with certain requested changes that I was not willing to agree to. She asked me
to walt to submit the proposed Temporary Order so that she could obtain the transcript of
your ruling to show why the proposed Temporary Order should be revised.
Since then, she has not contacted me regarding any supporting language from the
transcript so J am proceeding to submit the proposed Temporary Order to you for your
review and, If acceptable, execution. I have informed Ms. Smith that I was going to be
submitting the proposed Temporary Order to you and that I would tell you that she has not
approved this proposed Temporary Order. I also told Ms. Smith that I would present you
with her e-mails containing her requested changes, and my responses. I have also
informed her that she may present an alternative proposed Temporary Order If she wishes
or that she may send you something In writing explaining any requested changes and the
support for such. To that end, I have attached her e-malistomeonAugust 12, 2010, my
response to her on August 13
th
, her further response on August 13
th
, and my further
response on August 13
th

If you have any questions or need any additional information, please contact me at
the number below.
Sincerely, (j \

MEV:jrm
Enclosures
cc: Mr. Mike Lowe
113 VIllAGE WALK, STE. B P.O. BOX 1125
PHONE: (770) 443-2204 FAX, (770) 443-6613
MA RTINVALBUENAPC@BElLSOUTH.NET
91
~ - - - - - - - - - ~ ~ ~ ~ ~ ~ - - ~ ~ ~ ~ - - - - - - ~ - - - - - - - ~ - - - - - - -
- ~
~ ~ ..""J
~
.,..,.", ..~ . - ~ .
o c-_
,: ~
\
' . ~ ~ ,
IN THE SUPERIOR COURT OF PAULDING COUNTY ,: ,n ..; ...~ .
MICHAEL L. LOWE,
Plaintiff,
v.
ELISA L. SMITH,
Defendant.
,"
STATE OF GEORGIA
v'
.
~ - : . .
~
~
...
~
*
~ ...
CIVIL ACTION FILE
*
NO.: 08-CV-U24-JO
*
*
...
...
*
TEMPORARY ORDER
The above-entitled case came before the Court on Its regularly scheduled
non-jury calendar dates of Wednesday, July 21, 2010 and Wednesday, August 4,
2010 For a temporary hearing on Plaintiff's Complaint for Change of Custody.
Plaintiff appeared with counsel, and Defendant appeared pro se. After hearing the
evidence presented and argument on all issues, and it appearing to the Court for
meritorious reasons and for other good cause shown, It is therefore Ordered,
Adjudged lind Decreed that:
1. LEGAL CUSTODY
Plaintiff and Defendant are the Parents of two minor children, who are
Zachary Thomas Lowe, DOB: 5/7/1995, Age 15 and Evan Michael Lowe, DOB:
7/9/1997, Age 13 ("the Children"). Based on the Children'S election affidavits,
which they each reaffirmed, and the best interests of the Children, the Mother and
Father shall have joint legal custody of the Children. The primary physical
residence of the Children shall be with the Father subject to the Mother's right to
reasonable visitation, as described balow. The Court makes this determination and
92
;" . ~ - - - - - - - - - - - - - - - - - .
\.f
>wi
all other determinations In this Temporary Order in the best interests of the
Children.
The term joint legal custody contemplates joint decision making by the
Mother and Father in all matters affecting the welfare of the Children. This
includes, but Is not limited to, choice of schools and education, religious upbringing
and education, summer camps, daycare, medical and dental treatment, counseling
and/or treatment for emotional or behavioral problems.
The Parents shall confer amicably with each other on all important matters
pertaining to the health, welfare, education and upbringing of the Children. They
shall establish a harmonious policy calculated to promote the best interests of the
Children, and neither Parent shall take any action in such matters in conflict with
such policy. In the event the Parents are unable to agree between themselves
concerning deCisions regarding the "best interests of the Children, the Father's
decision shall control.
Parent/Child Relations: Neither Parent shall do anything that may estrange
the Children from the other Parent or hamper the natural development of the
Children's love for both Parents. Neither Parent shall disparage or speak poorly of the
other Parent In the presence or within hearing of the Children.
Parent/Child Phone Contact: Each Parent shall be allowed to telephone and
speak with the Children daily, at such times and upon such reasonable terms as may
be agreed upon between the Parents, or, without agreement, at the desire of each
Child. If the Parents cannot agree, each Parent may call the Children between 4:00
p.m. and 9:00 p.m. each night, and for no less than ten (10) minutes. This shall not
act to require the Father or Mother to make the Children available during these times.
2
93
'--'
~
....;
Child's Illness: In the event either Child should become seriously ill, the first
Parent to hear of such Illness will immediately notify the other. Each Parent shall
share and make available to the other all health information on the Children.
School Records: Each Parent shall make available to the other Parent copies
of all school progress reports, grades, achievement test scores, and like information
on the Children within seven (7) days of receipt. Either Parent may request such
information directly from the Children's school or any similar person or entity, and this
provision operates as an ABSOLUTE RELEASE to allow that person to release the
information requested on either Child to the requesting Parent.
Medical Releases and Information: Upon request by either Parent, the
other Parent shall also authorize any medical doctor, nurse, psychologist, agent of any
hospital, clinic, or other health care facility; or other health professional; or principal,
teacher, counselor, or other education professional, to release any information on
either Child to the requesting Parent. Either Parent may make request for said
information directly to any person or entity listed above, and this provision operates
as an ABSOLUTE RELEASE to allow that person to release the information requested
on either Child to the requesting Parent.
2. PHYSICAL CUSTODY I VISITATION I PARENTING PLAN
The Mother shall have every reasonable opportunity to be with the Children
and to have the Children with her, apart from the Father's reSidence, from time to
time as the Parents may agree.
In the event that the Parents are unable to agree between themselves as to
the Mother's visitation rights, then, and only In the event they cannot so agree, the
following shall constitute the Mother's visitation rights:
3
94
....,
'-"
a. Weekend Contact:
The Mother shall have the right to have the Children outside the confines of
the Father's residence on the first (1st) and third (3'd) weekends of each month,
beginning with the first Friday of each month.
On the first (1st) weekend of each month, the Mother shall be responsible for
driving to the Father's residence In the Orlando, Florida area to exercise her
visitation. She shall pick the Children up one (1) hour after school ends on Friday
and return the Children one (1) hour before school starts Monday morning.
On the third (3rd) weekend of each month, the Father shall be responsible for
driving the Children to the Mother's residence so that she may exercise her
visitation. The Father shall deliver the Children to the Mother's residence no later
than 12:00 p.m. (noon) on Saturday and pick them up no earlier than 3:00 p.m. on
Sunday. If the Mother deSires, she may notify the Father that she Intends to drive
to the Father's residence on the third (31'0) weekend of each month, and if she
elects to do so, she shall be entitled to the same amount of time that she receives
on the first (1$I) weekend of each month. The Mother shall notify the Father of her
Intent to do so no later than 8:00 p.m. on the Thursday before the third (3rd)
weekend.
3. CHILD SUPPORT
The Father's child support obligation shall be suspended as of August 1,
2010. Any other decision regarding the issue of child support shall be reserved
until the time of the flnal hearing in this matter.
4
95
--
'--./
....,
....,/
The Father shall continue to maintain healthcare insurance for the Children.
Any of the Children's healthcare expenses not covered by insurance shall be equally
divided by the Parents.
4. QII:IiB
All other Issues are reserved until further order of the Court.
SO ORDERED, this ~ day of A ~ 2010.
'ludle James R. Osborne
PaJidlng County Superior Court
Iding Judicial Circuit
Prepared. Pruented By:
~ J 1 ~
Martin Enrique Valbuena, Esq.
5
96

"wi
-
!::ImIIFICATE OF SERVICE
This is to certify that I have this day mailed a copy ofthe attached Order in the above
-.:
-0 c.-'
Mr. Martin Valbuena
.'
Attorney at Law
P.O. Box 1125
'i,f;.-::: v'
Dallas, GA 30132
","'-'
..

,"" .......:
(') r \V
o _I
Ms. Elisa L. Smith

Newnan, GA 30265 '"
This 5Jk ,2010.
lfW
770-443-7636
97
---
'-
"ittof i8ilPutt lteJOlutfoll
SEVENTH JUDICIAL ADMINISTRATIVE DISTRICT
P.O. 80X %} PHONE: (770) 387-41!lO
CAlI.Tf!RSYIUE, OA 30110 TOLL FREE: (877)6S5-6865
fAX: (7'70) 38M479 www.7ill!!.CO!I!
Mediation Report
Civil Action #.05: 1{2. '1--JP county::PO u..,..( oL,'YV9
Style ofCase: Ml'roael LQ.y.( vs tI.. LiSa. StrI; t!J
Xcvu:.e fL't:e! fY'\ed".k:...:t<.!)...-
The above.styled case was mediated orSeot.:30)(;;l.oLO :00 f"tV\ until 5' :()Q'M
The mediation resulted in (check one)
FULL SETrLEMENT*
PARTIAL SETfLEMENT*
IMPASSE
--i-
CONTINUATION
The next mediation will be held oo ____(date) at (time) at (location).
Cancellation
... -
Mediation was cancelled by on 'I!
'" '"" 0 r-;::::
Comments i "" n " '"
po .....
(')0 I
gJ;j:r' ill'" ".,..
z)O n._
No Show Parties
go
t') z""'J
o
Name: c: ... -"
Name: ------------ Party
-----
"" 0 Q ""G
;;: 2: 0'1 '.'""
c;
Comments Party---- ;:..
Q{50(aaO
Date
Did you get paid in full or work out a suitable payment plan with the partie{lYe;
If no, would you like the ADR office 10 notify the court that fees are due? "'feS
Please indicate the amount owed and the party who owes the fees _--,1.,... ,..,"-____'
Please copy the ADR Office on all invoices sent to this party.
Please fax or mail to the above address

within forty-eight (48) hours of the mediation session.
rd 59ZL-6.Lv-oLL eottl 9!1nr eo<::oo m lO PO
98

......
ATIORNEY AT LAW
06-()J- nt
l
\
October 7, 2010
"1:1'
'W
.or .-. "r
... -4 0
Clerk, Superior Court of Paulding County
Q
Attn: Amanda Thomason 9 r:.
1 C'I
a ";"
CP
Dallas, Georgia 30132 cc:
,,:8V' ." C-n,
...-?l::S: :s :! ...,,'
"'" f"'\ ......;_
C" .- -:: ,..(,C";
RE: Michael L. Lowe v. Elisa L. Lowe
o -< _ ,,',
Superior Court of Coweta County
0 ..... C>
-::: 1'01 'l>"
Civil Action File No.: 10 V 1534
l Dear Amanda:
I
Enclosed is a Rule Nisi to be submitted to Judge Osborne. Once
I
approved, please return a file stamped copy to our office In the enclosed
1
1
self-addressed stamped envelope.
I
j
SIncerely,
.-

JerioJJer R. Maples
Paralegal to:
Martin E. Valbuena
JRM
Enclosure
113 VIllAGE WALK, SUITE Il P.O. BOX 1125
PHONE: (770) 443-2204 FAX: (770) 443-6613
MARTINVAlBUENAPC@BELLSOUTH.NET
99
--
<.J

" (' : \
MICHAEL L LOWE,
Plaintiff,
v.
EUSA L. SMITH,
Defendant.
STATE OF GEORGIA
)
)
)
) CIVIL ACTION FILE
) NO. oa-CV-1124-JO
}
)
)
)
RULE NISI
,.
r"
'"
0
Q :::"
," C'"')
r:;::=
-I

N
.'l
cc-" 0
)z
'::.: .I::;.",
............ l:::JI, )

:? ::
=0
-f"'"
IT IS HEREBY ORDERED that each of the parties In the
<0
-
;-:"'
case be and appear before the Honorable Judge James R. Osborne of the Paulding
:.
County Superior Court on the 5
th
day of November, 2010, at 9:00 a.m. for a Final
Hearing.
If either Party wishes that the hearing be taken down by a court reporter,
they must submit their request in writing to the Court no later than November 1,
2010. Any Party partiCipating in the take down shall be responsible for the fees
associated with the take down.
SO ORDERED, this

Martin E. Val buena
P.O. Box 1125
Dallas, GA 30132
(770) 443-2204
day of October 2010.
mes R. Osborne
or Court of Paulding County

"'..........'-..
100
----
"'-'\ "
o o
CERTIFICATE OF SERYICE
This is to certify that I have this day mailed a copy of the attached Order in the above
Mr. Martin Valbuena
Attorney at Law
P.O. Box 1125
Dallas, GA 30132 t.
;;
,.
'r.
-,
Q ""
=...,
Ms. Elisa L. Smith g g ::;::
-I
:.:,..,
Zo
N
:"'l_
Newnan, GA 30265 0
",z
;z:..
-
-
..
:!o
:l:
-...,
ThisJ!LdaYOf ~ ,2010.
Z....,
-l
-1
-;
>3 (.""
-<0
,..,
.:'l
~ '"
770-443-7636
101
..

'--...

, .
J>Jaintitr.
",V. ClVlL AC'l'iONFlLE
NO. '
ELISA L SMlffl,
Defendant
,
" , , Comes I1O'\V Eli.s,a- L, in the above makes this Motion
, , for Coi!rt has jurisdiction ovC:r tbis bysho'lOing
t1!efollowing:' -,,' ',," '",', '" " . ',," "
, ,
" Clm ofCourt It Piea(iing Tilled "Second Motion and
llI.Ieto
'. FtICIS and Law,w Resulting in an and,
.. .' - '
ThisCOwtc,lenied
. "
, YOU{ OO!lrtrevitw said Motion.
sbewu the fOle custodian of the minorcllitdren oithe
.,",' " " .' ",., " ,', ' . ",.' "" -" ,: ' ..,
y our that CQ.wetaCmtnty had a pending CUfitodyease involVing.1be
J)It.I:tieII in at tbe time MaI:tinl$wique
. , .. ,'.
,. '''. . ". \, "','; ,
Thafthe 'Pis Martin Enrique Valbnena, that there was a pending
caSe,in Couqly wlien d:li!l adion was fded ,C'out!.
. , '
That the Plaintiffmd hiS attorIlfQ'. Mlntin JWique Valbuena, (lettairI to
tlrill Court in their initial pleadings, allowing to: believe ttIat it had
' . ..... " ,."., "
"..That an ex: parte: bearing was beardby Court 8Ild tbQ: minor d!iklrento
the Dc.il:nda!ll's sole custody.
........
102
--
""-<-'
,,",__
directly Court Of, Georgia found, tba:t the, ' ,,'.or

jurisdictioo over . . '. "
. , "
'J'hat the Supreme Court Orden ofthe. ",'" Court,
Pa.sclWl E.ngI.isb. preskfilll. '
That ofjurisdiction by lhis. Court, over the custod)' matters afthe PlIl1ics
iwpropcr and witbel.lt.llUtmmty. ' . , ' ,,'
,WHEREFORE, your requests that lhis Honorable C'!,I!rt dismiss this case and send
lhis ease to the Coweta Superi<lr Court for dillp09ition ofthemetits ofthe .costod oftht: t$or
,children ofthe panics." '" ' ' ' . ',',
" .
'" ",itt, ,ed., ",
, . M:' ",",' ,
ProSe'
.279
Newnazl, CiA 36265, ' ,
(4(4) 70+7058
103
---
--

, .< ."" ,

". 2001
'. " 8,E.2d D. aq,: 3220
, "I. HATCHv. H,i\TOL, ..' '
A07A0989
"":"
COURT OF APPEALS Of GEORGIA
WOa, App. 832; 65Z S.J3..:2d 874;.2007.Qa. App.. LEXIS 1113; 2001 fUlton D. Rep.
322()' " ',... ", .. ", '" . " ,. ' ",
Qcto/!er 15, 2007. Decided

CUIItody. Spalding Superior

and case with direction.
.1.:Penny D. rwr, forappell.
'Jolwwn. Qwe!t. for appellee.
JUDQI\:S; JOHNSON, 111. Phipps and
":.' , .. ' "" '. ,'-',.'
.
. '" '
'. OPIl'flQN '

, l:ilIlh ju4gment grantins
, ofchiI(I gra.ntedtbe
" .. we vacate
'; ", ", . .; "-. .., '. '.. ' : ",'. -. " ."
lit 1998;:ibe SJ,IPerio1 court awarded Laurie Hatch '("the priuIaJy
was
. lI!!dordered.to pay cbild support.. 'fbe mothand
2005. was with the Spalding.
. Cqunty. the While the 1XIOiIl,w. in.Pennsylvmlill,tI1e r.tber
,fikttl Ccll!1tY:ro mOOify custody llit thIIt.lttetUQt(ler
had moved to JIlIU.there was a child
de&iteci to, li.-e with him. :&bad dle mother,serve(\ witt! ptI)Ce:SS,in 12,
,2006. On 8, the *21 mother niaiIet,1 SpaIding'cGunly elm's office
hlltldwritten letter: . '..
104
--
-- --
..---.
Clerk, SQPCrior Coort.
To whom it mayooncem:
. . .
lacknQwledge petiUouoo January 12, 2006. As an .
. but I will welcome any cbaUenge as to this case 00 myi:l,wlL . . .
-, :." . "" -".-, "., ' ,
Laurie M. Hatch Th docuntel\t was stamped and filed in the The fathe(s aumney :
he WlISnot served with a lX!Pyofthis letter, but tbl!t he IRd Ii sirmlarhandwritten
.Ietter in which1be mother receipt of the .thI\t $he was not yet
by an arujatlited ttJat she welcomed any tile case.
On March 30, 2006, the f'atheiislittomev sought and onIerawarding
physical custo6y to and visicatioo to .. retained an
attorney. who .filed an answeuo tile complaint for moditicalioo QfC\lS:todyouMay 15, In
her $!Swer, tbe lll.Other deniQ<!li(Lvfug moved from Georgia or 'OfPenn&yfvlmia.
.and a:g<l. C.ounty court's jurisdictiOn.. . . ... .
. A June 9, 2006. Both pm:nlll, and thedliid

it statements ofthe child, tbe cltiId wisj\ed to
fa;tber. tuta. custody to . .
T1te.lllQther moved m set asiele the orQer, for Ii new trial, and She
-from thelrjal court's denial oftbosernol:ions. . .. ..' . .
'1. ct>nIendstb,e Iri<Jll;ourt erred by holding that issues ofjurisdil;tion and
venue .@efaile41:0. the ct!:llk's office in
. ,
" . . '>",
It is trUe that a defeD$C oflack of over the wai
1l
eQ jf
neither made by motion nor ineillded in a responsive pleading li;:;lXiginalIy:Qkd, nlliy pfea4mg
to tbemeritll ofthe case. and not raising any defense oflaek ofj.msdictioo..ofthepenioo or
improper venue, a persan W)lives those objections. n2 We nqte.fl!at while a by her
. condjJct waive aleglll riglu, het acts. or omissions to act Itllied upon.[*41 shoold be So nlimifestly
With. and ofan intentioJI to then known pllrticular
t\latno otl!et reasonable ofber oo,mtuct ..
'. ---.-::"'"'' _.. , -.- FoD.otes .. " - - -" _.. -.- ..... ,.-1
.. (b){1)(Bl; see Bonner v.B,9nner, :m Ga. 54$,:546 (tXS33 SEU!12l2000),2. .'.,
'n, \ ...... '. ..... .' . ............. : <. ,\:'.":}::,;','?;:..
105
-- _. -

'. Wi\iVCli '.
Roberts. supra 'at 755 (2).
- - - - -.- - - - - - End - - - - -
.The father that m(ltber's pro se response constitnted.l\J1. -crand, be\lause her
response faik:d to raise the olimproper venue ami lack. any chaIienges to
juriJdiction and venue were waived. However, the mother's was. oot treated as an
or When it was filed.ln a
counsel sent to the lrial rourt a.nd to the mother, the fathets ,th!rt.the
: served but "bas not flIed Ii its temporary 3D.
noted was. but filed DO responsive .
Then, at the hearing, no one. treated the letter as an answer wbk;h to waive jurisdiction
and venue cbaUenges. [*5J lbejudge remarked that the "a very good
point" rqarding where the be heard. 04 that he was
opposed to. prolonging the aoother six to twelve months, ''liaV\lling to DeKa.lb County one
more time to another so that thecbild can \011 a DeKilb. Countyjudge "the $lIIl'le
....t!lWi\ she's told me," just to have a judge in DeKaIb CO\!llty decision .he.W8!l
inSpalding County. TbejuOge added that the is "a trJcbnical tliin&,"
, aml irmay not be beneficial to the child in the loug ron to driiw:lhe We oUt when the _t
. . wollld he the same regardless of:,,'here the case was beard. TIlefe ofwaiver at
the hearing at aU (despite the in the order pNlplITed fat/u:ll's attorney tblitthe
issues were waived). only whed:ler it wollld be pre.tmbteto ir)'llle case in Spalding
When .issues not mi.'IeIi by the.plea4ings are lrilld by express ilOl.1setIt of the parties
U!eY.sballbe treated in all had been Jaised i;t ibe. .' .
" - _. - - - - Footnotes, - - .. - - - - -. -4
The begiwltng,ofthe bearing was h.cld in chambers and was The second part the
hetI,rill8was .held in ["'6} the lind was fq>o.rted.Thc is part ofjhe on
SeeOCGA 9-11-15 (b).
_. - EndFOornotes-.- - - - - - -
. ' furthermore. we hardly think that the letter submitted in this CMIl is a the
,sort contemplated in QCGA 9-11-12 CB) (J) as wOIking jurisdiction and The
motber's letter does Itotplead to the merits ofthe CMIl. n6 ooadmissiQru; or
Before anything ofsubstanee occurrCdinthis case, at the IOOmentin
the mother tiM pleaded to the merits or raised any whallloev, she rais!:d the
Qnder ClI!le. the
..,.
106
,.:.",
...... -.
t/.
.... ""':"".- """ -",:.- ...
8pberts.lJI!fll at mGl(hlckQf jurisdiction defense waived if to *
.', 'aDd 'fiUJs.to:railiethe defense). Compare Maaloufv. Knight, 231Ga Aw. 500, 51()"51H2HS15
ml2d 650) defendant waived defenses by, among otbed:lI. fiijng a pleadin.g ,
rontestil'18 00mage5 then filing a pleading vetllle weeb later). 7
See Glem;Bclvedele Animal HC!Si?' v. WmtetS. 129 Ga. fWP.
denl1i.la

Ahmad v. Excell Petroleum. 276Ga Aw.167. 168
(X)urt setfu1g forth. case nnmbe1:
c
:8idd,etlYm8 the debt defendant
.waivedjurisdiction raise issue in letter); Bai:reU v. Gj\?!!on, Gil. A,Jm.
621 (266 gEld 308)( signed 1et1'\7 denying constitured genet1lldCnial
and. waS adequate 8S an !lIISWer}, ' . '. '.
' ..-----c - - -------,'
2. The mother contends the lackedjwisdict:iQn. and.'in allowing the fathet to fet
. , . litigate C\lStody in SpallUt1gClluntY:when the original ordeT in 8nd the custodia!
a.gr;e. . "
It is not c,1ear :from the record whether the mother was II QeKalb County, Gewgia.or
at the the !l:\Qdification peution was venue
were proper in DeKatbCl)lI1!ty, not Spalding County. This is beeusdftben:tOtber (as thc!egt\l .
custodian) was It resideiit Coonty. the father the seeking
to change custody in nSlfthe mother was.1I. the
flIther was requiml bytbeUnift.rm OJ!4 Cu'M lurlsdlerkul and .Ad to file
. complaint i.n C.Quilty,'theconnty in WIlicll the iQitiilUy .
. entered by a oourt lackingJurisdiction orders
'oflhi: COlml}' court in.thiscase are vacated, The case is remanded.with direction ;that it
be, court. '.. " ...." . . ". '.. .
. .-.'. . '," . \
- - - -, -- -,' - -- -. - -- --8
, .
. Mitllubishi Motors Dedi! ()f America v. Sheridan. 286 Ga. N,lp. 191. 6S(} SE2d 357 (200n .
-- --, -. -, -.- BOO - - . ,-. --' . .
" need .. " ..
-.- -:.'. ","".. ' '. .. -. '" ...... ; ... , '. - "'.- ;,>:' '.,':..:',,'
107
801
. .
...
'._
'.
\\"
.
...:
. Plaintiff,
1) -i -
CML ACTION
... ::c (:) .-i=
v.
. "" 'i NO,OS..cV-1l24.1O
" . ' , % :;. 00: %d
c: l CII..
SMl.1fI,
N 02:

Ue.(enQ;uU. ::"';;' ;to -:r:::
".
r 1ft -t:_
.0 .... .. .<.n
',i. 0 (:) .""
;t: If!IIi ,C
-II ':,
.CERTD:ICA11
NOW, Elisa L. that she has fUed tPIl do!;utnents
.
'
tlI.e above-eaptiotle4 c;ISe and shows that she fust: clliSS n:uill,
plaiutifi'; .' ". '
. 01lWIIE':l'BEJI;:nu
S
OORT
BAS JUIUSDIC'(10NOVER ' .
"Said documents mltiled, yiIlU.$. First Class MaJl, !() Plaintiff's Attorney ofRecorq !.Ill"
.' . ,"
. .ManinEnrique
'1l3 W.k,Suiie 'B
tt25' .
"
So .,a_daY 2010.

Elisa L. Smi1ll. . .. '>
I,)efendant ',' .
279 CrosSl'OOlh Dtive
Ne'WrI8!l. GA 3lJ265' . .'
(404) 104-:7058 .
"
.
, '-.';:
109
ATIORNEY AT LAW
November 4,2010
VIA FACSIMILE (770) 443-7631 .t;
REGULAR MAIL l"-n
--0 -\ -0
Honorable Deborah Andersen ,. XI ?;:;
co ,." 2l.
g

280 Constitution Blvd. ,
o_
r;:"
n;&:
00

c::...,.
::'",:x: :c
'r.1\
VIA FACSIMILE (770) 443-7551 .. '"
-4_
g ':.

REGULAR MAIL co 0 c::t
'! 'r. #'
':"
."

REGULAR MAIL
Honorable C. Latain Kell, Sr.
Cobb County Superior Court
32 Waddell Street
Marietta, Georgia 30090
RE: NOTICE OF CONFLICTS FOR FRIDAY, NOVEMBER 5, 2010
(1) State of Georgia v. Thomas Daniel Walsh. Jr.
Probate Court of Paulding County
Civil Action File No.: 10-746907G
Friday, November 5, 2010, 9:00 a.m.

(2) I hael . L. ml h
Paulding nty Superior Court
( Civil ion File No. 08-CV-1124-JO _____ '
Fyf ay, November 5, 2010, 9:00
Anal Hearing
(3) . ""win L. Hollinaer
Cobb County Superior Court
Civil Action File No. 08-1-10607-99
Friday, November 5, 2010, 1:30 p.m.
Peremptory Calendar
113 VILLAGE WALK, STe B P.O. BOX 1125
DAllAS, GEORGIA. 30132
PHONE: (770) 4432204 FAX: (770) 443-6613
MARTINVALBUENAPCOBELLSOUTH,NET
110
November 4, 2010
Dear Judges:
The above-styled cases appear on your calendars for Friday, November 5,
2010. Pursuant to Rules 17.1 and 17.2 of the Uniform Superior Court Rules and
Rules 15.1 and 15.2 of the Uniform Probate Court Rules, I am lead counsel In these
actions and they cannot be adequately handled by other counsel.
Unless instructed otherwise, I propose to attend the above-referenced
Paulding County Probate Hearing at 9:00 a.m. Upon completion in Probate Court, I
will proceed to the ~ hearing in Paulding County Superior Court. I anticipate
arriving for the ~ hearing by 9:30 a.m. It is my belief that the Lowe hearing
will last the majority of the day, and I do not anticipate being released from
Paulding County Superior Court in time to appear for the above-referenced
Peremptory hearing In Cobb County Superior Court. Nevertheless, I will keep the
Courts updated as to my status as the day progresses. By copy of this letter, I have
notified the opposing parties.
Sincerely,
~ V ~
MEV:jrm
cc: Ms. Elisa Lowe (via email)
Stacy A. Ingle, Esq.
Cobb County Superior Court Clerk
Paulding County Probate Court Clerk
- 2
113 VILLAGE WALK, STE B P.o. BOX 1125
PHONE: (770) 443-2204 FAX: (770) 443-6613
MARTlNVAlBUENAPC@BEtLSOUTH.NET
111
~ -
In the Superior Court of Paulding County, Georgia
MjchaeI L, Lowe ." "\J
... - ~ .
Plaintiff
e :.' Q
V$,
Civil Action No. 08-CV1124JO f ~ i ~
'" ;. ...:
2 ; 2 ~ I
Elisa Lowe c;:,....., CJl
Z"'",
Defendant
~ , . ~ ~
.,., r-
DOMESTIC RELAnONS FINANCIAL AFFIDAVIT
~ c ~ -!r
... :t 0
1. AFFIANrS NAME: Elisa M, Lowe
Age 40'" (,.) r
Spouse's Name: _Michael L. Lowe______ Age_42__
Date of Marriage: Date of Separation _______
Names and birth dates of children for whom support is to be determined in this action:
Name Date of Birth Resides with
_Zachary Thomas Lowe May 7,1995
Evan Michael Lowe July 9, 19i7
Names and birth dates of affiant's other children:
Name Date of Birth Resides with
2, SUMMARY OF AFFIANT'S INCOME AND NEEDS
(a) Gross monthly income (from item 3A)
(b) Net monthly income (from item 38)
(c) Average monthly expenses (item SA)
Monthly payments to creditons
Total monthly expenses and payments
to creditons (item 5C)
$ 711,00
$.Mll.QQ
$ 1330,52
$ 375.00
$1705.52
112
--
/'
'-'
3. A. AFFIANTS GROSS MONTHLY INCOME (complete this section or attach Child Support Schedule A)
(All income must be entered based on monthly average regardless of date of receipt.)
Salary or Wages
ATTACH COPIES OF 2 MOST RECENT WAGE STATEMENTS-
Commissions, Fees, Tips
Income from self-employment, partnership, close corporations,
and independent contracts (gross receipts minus ordinary
and necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS
$ 141.00
first week on job 2.13 hr.
Zero after tax on tips
$ 500.00
Avg. 20-25 day
$ 70.00
Rental Income (gross receipts minus ordinary and
necessary expenses required to produce income)
ATTACH SHEET ITEMIZING YOUR CALCULATIONS $
Bonuses $
Overtime Payments $
Severance Pay
$
Recurring Income from Pensions or Retirement Plans $
Interest and Dividends $
Trust Income $
Income from Annuities $
Capital Gains $
Social Security Disability or Retirement Benefits $
Workers' Compensation Benefits
$
Unemployment Benefits $
Judgments from Personal Injury or Other Civil Cases $
Gifts (cash or other gifts that can be converted to cash) $
Prizes/Lottery Winnings $
Alimony and maintenance from persons not in this case $
Assets which are used for support of family $
Fringe Benefits (if significantly reduce living expenses) $
Any other income (do NOT include means-tested
Public assistance, such as TANF or food stamps) $
GROSS MONTHLY INCOME
$ 711.00
2
113
B. Affiant's Net Monthly Income from employment
(deducting only state and federal taxes and FICA) $ 570.00
Affiant's pay period (I.e., weekly, monthly, etc.)
Number of exemptions claimed :
4. ASSETS
(If you claim or agree that all or part of an asset is non-marital, indicate the non-marital portion under the
appropriate spouse's column and state the amount and the basis: pre-marital. gift, inheritance, source of
funds, etc.).
Deacrlptlon Value Separate Asset Separate Asset Basi.oftha
oftbe Husbind of the WIfe
Claim
Cash $125.00 $ $ $
Stocks, bonds $ $ $ $
CO'slMoney Market $ $ $ $
Accounts
Bank Accounts
Oist each account): $ $ $ $
$ $ $ $
$ $ $ $
Suntrust $ $ $ $
Retirement Pensions,
401K, IRA, or
Profit Sharing $ $ $ $
Money owed you: $ $ $ $
Tax Refund
owed you: $ $ $ $
Real Estate: $ $ $ $
home: $ $ $ $
debt owed: $ $
other: $ $ $ $
debt owed: $ $ $ $
AutomobilesNehicles:
Vehicle 1: $5,000 $ $ $
debt owed: $10,000 $ $ $
Vehicle 2: $NlA $ $ $
debt owed: $ $ $ $
3
114
~ - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - "" < ~ < - - - - - - - - - - - - - - - ~
'-'
'-
Life Insurance
(net cash value):
$
$ $
$
Fumiturelfumishings: $1,000
$ $
$
Jewelry:
$
$ $
$
Collectibles:
$
$ $
$
Other Assets:
$
$ $
$
$
$ $
$
$ $
$
$
$ $
$ $
Total Assets:
$-6,000 $
$
$
5< A. AVERAGE MONTHLY EXPENSES
HOUSEHOLD
Mortgage or rent payments
$0
Cable TV
$0
Property taxes
$0
Misc. househokf and grocery
Items
$300
HomeownerJRenter Insurance
$0
Meals outside the home
$50
Electricity
$0 Other
$1oo/parking
Water
$0 AUTOMOBILE
Gasoline and oil
$180.00
Garbage and Sewer
$0
Repairs
$233.33
Telephone:
residential nne:
$0
Auto tags and Hcense
$ 29.15
cellular telephone:Zachs incl. $166.04
Insurance
$59.48
Gas
$0
OTHER VEHICLES
(boats, trailers, RVs, etc.)
Gasoline and oil
$
Repairs and maintenance:
$0
Repairs
$
Lawn Care
$
Tags and license
$
Pest Control
$
Insurance
$
4
115
CHILDREN'S EXPENSES
Child care (total monthly cost)
School tuition
Tutoring
Private lessons (e.g., music, dance)
SChool supplies/expenses
Lunch Money
Other Educational Expenses (list)
Allowance
Clothing
Diapers
Medical, dental, prescription
(out of pocket/uncovered expenses)
Grooming, hygiene
Gifts from children to others
Entertainment
Activities (including extra-curricuiar,
school, religious, cultural. etc.)
Summer Camps
OTHER INSURANCE
Health
Child(ren),s portion:
Dental
Child(ren)'s portion:
Vision
Child(ren),s portion:
ute
Relationship of Beneficiary:
Disability
Other(specify):
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$200
$
$
$
$
$
$
$
$
$
$
$
AFFIANT'S OTHER EXPENSES
Dry cleaning/laundry $
Clothing $
Medical, dental, presc:tiption
(out of pocket/uncovered expenses) $
Affiant's gifts (special holidays) $
Entertainment $50
Recreational Expenses (e.g., $
fitness)
Vacations $
TIliMM Expenses for Visitation $
Publications $
Dues, clubs $
ReligiouS and charities $
Pet expenses $22.00
Alimony paid to former spouse $
Child support paid for other
Children $
Date of initial order:
Other (attaCh sheet) $
$
$
$
$
$
$
5
116
- -'
TOTAL ABOVE EXPENSES $ _133D.52._____
B. PAYMENTS TO CREDITORS
please check one).
To Whom: BalanceD... Monthly
Payment
Joint Plaintiff Defendant
IRS 5,500 75.00 X
Linda Scribner 10,000 300.00 X
TOTAL MONTHLY PAYMENTS TO CREDITORS: $ 375.00
C. TOTAL MONTHLY EXPENSES: $
-
1705.52
-
This 13 _ day of _NOV 2010.
~
htJnd.L L
Notary Public
117
6
Keller Williams Realty Inc.
807 Las Cimas Parkway
A1I$tin, TX 78746
Ifyou have qoestiOllS contact:
LaIyI Mannix
Phone: 5123273070
Ext: 6713
. EUSALOWE
13 LAKEMONT DRIVE
NEWNAN.OA 3ITl63
IiiOiiiiCiiiIii for ...........
A.....c.........u.y...tt -=outJt ot1ltMt' uNqut twmbW .."..,., ......... b) dildnuuiln
-_...
.........................................._ ...
it"oo orIt'lCMW.YIIMI_ .......tFarm 10401. s..
M.)"b.... ...inc:om.or __IMVritvIllllCl ............. and

__......... _ .. _E""""'_lt___ th _,_ .........of\lOlVtu:NlUm.
.-ricM1ON"" MId,.... ........................ you

...,._._.... __...... __.......... '040 __....
.. ..=1:.:/.._:.==
......................:=:.,....::=_.... """....ao ... __......
__1M""""" SM Pub. &25. tt it it.... ., bwIiMIIIinGOrM. ........ C.
CEZ. orf (f.orm tO4&.
... 4. __-...... .. ____....... _
__....... ... __........__._.s..Foom

r:t.pon .... amant on v-rlrlCll)f'M'" RIhtm ...wiChMId.

.... I. on kblldwfll C or C-El (fomI1OCO)"
r 1CORRECTEO Cif dledtedl
PAYfIrS ..__
,
__
Keller Williams Really Inc.
807 Las Cimas Partway
Austin. TX 78746
I
add-.cIIy._.llP toIephOM"",

OMB No. 1545-0115

,,_1__-
Miscellaneous
Income 2 Roy_
$
I OtherifllCCH'ne
$ Is
CopyB
for RoIcIpIont
PAYE!!'Sfodo""_nn..
74-2156628 252-51-1481
REClPIEIWS ........,_od_lindu..........I.cIIy. _._ZlP"""
5 F....ngb..
$
.MSitIi.nd......
$
EIlSALOWE
13 LAKEMONT DRIVE
NEWNAN. GA 30263
7 NoMmpIoyee......--..,
$ 3.136.95

dMdondaor_
$
ThIs I, impononI'"
inlormoliufl.ndlo
boingfumiOhod'"
1he __
s...;... W\IOOI_
required"'fIIo.
-.11149..
/iIOIIiIIty .. -
..ndlon may be
impooed on VO<I
this income is
_ondlJoelml
_"'.. It h.. not_

'.$__
P ..m.... di.......... of
$5.000 ",mon:uI_m..
n
I....plentlfo<_ ...
1OCrop_....
S
"
12
__1_1......._'
213*1481
,&. _409A _.11
13 e-9QIden p.r....ute
-
is
,._.",._"
14 G ........_poIdto
...-
$

$ $
11 Stote/Pover'u,ote no.
GAl $
Fmm OA..-sc ,uep lOr vour recoroR l.J8Q.If'tmentOfUtt :;jt:fVlQe
IHlOZ11.000

NPOtIlhillamowM:on ScbecMt C. c.E2. or thnn 10401
you,..",.. ..fDtIn 01 FormW-2 1M
tnd dktftOtwithhoal$ ........rttv ..... 1M .,..lfyav
... __l....cIlntlf't'Of.ff ....
cannat Qtt_kNm COfflICOd. NPOrt m. tmDI,IM; from _1 on 10nn 1040. h 7 (or fotm "MO
..Mtaclh to yow NtuI'ft fOtm ti18. Urw!oIIIcbd SDdaJ

_tllForm10tO.
..... Of moQfIfA ...Of..."..PfVCIucD.... p.tdtO you
A....JiIYIOUM4OIe-not ...... 1O bethowtt. GeMrtMy.
,...,..".. incomeJrcmyow,* d ..... eorc-EZ Ifot'm
...1.. oISchedu1. FIForm 1fMO}.
...
.., ... SMwe ..... .,......piIid .... RJ'Yic..A*PM
ontv Ifte ..... ,.., _1,.",..." vau'tWn.

on .......IMI prior YMt'''''''
'm.'"=,:;::.=t:'.::r""::.:.;:"' ...
='11:1:=... ......
SM'"'T.wT..
..... , ... , SMMt __ Of IOCIIII
118
__

,
Bank ofAmerica IOnline Banking IAccounts IAccount Details ITransacti... Page 1 of 1
_Oft
lO('ati('mS Hit" Help En fMMi';o+
__I
Aountf. _ill POI, Transfe... Investment.. Customer Serviu
A(CQunts Ac:II:OUftt 0l!taIs My POfttol,o Open Account
Transaction Oetails
e.._.......... 1'r....
ftml.
Add or (baoot your KEl.J..Elt WIWAHS PES:PSAOt
a!l\tntmdmAiI!
ItfON:EUSA lOWE CO to;!7"2
__, 09(2112010
Amount: $U4s.t6
1'11>0' A.CH ClOd.
-"- ... - Cl>OddnQ.
Ret\l1'" to previous screen J
.!I
..,-_.[
Sa...! canut!
ii StwnttA...
N.:CQUflt<; Pay ItWestment,. ClIsWmef Sm'viCe
Privacy 1ft Security lOCatlOl'ls Alert!) Ma,I' Help , SIte Map' SiOll Off
8ImIc GI MiertCI.. f4.A. "..,.. FDIC. Qmtl Hou5J1lQ lendel Q

bttps:llonlineeastI .bankofamerica.comIcgi-binliaslA/SfAccountDetailsContr... t 115/20t 0
119
--
- -
f.yo-p' JI% DAY U PAYCHECKS BldiDCU Unit; SC'PBU _.
fay Ileain 0aI0, 09I1kl20H' Advice':
.. om 1011>112010 Mail
Advice DIe: 10l0lflO1O

Im __
Emp_Ifr. 0025919 TAX DATA;
W_ston.... FL 32701-m4
Dep;i11mel'lt: OIGlMit... Midd:Je:SdM.lol
l.ocotioo: MILWEE MIOOLE SCHOOL
Job Till<: T'
I ......... , S4l.l>3.00-..JRaIe._ 6
--,
F<dmI
Ma_
AIIowt.B(ft: 7
Moll"'.;
Add!. Amt.;
MAN INCS
Cvmnt
--
YTD
Houn Koon Eami... IIl<scrio!loo YTD
""""'"
RcplMboiDp I,Q.96 266.00 6)'2."
1S7.60 412.to
--SUptoIonImt
..... 0.00 200.00
0.00 SO,OO
l' 1186.S6 266.00 701$,'"
hctWitllitoldnZ 27.>1)
'edMI!DIEE 21.91
fodOASDL'EE lUll1
Total; 160<18
7!.12
9910
426.,lO
$)182
I!MI'J.Ol(ER AID BEN
c..r.... YTD
-':'T Of. AFI'I!RT D OCT1ONS
c.n... YTD CII"... YTO
Fed MEDIliR 25.91 99.70
FodOASOIJER Il(t17 416JO
fklrida Oivi$oti or 192.41
-
iOUlI: 311J')' 1 tiLl)
R FEDTAXAB TOTALT TOTALD!) l'IJi'MY.
c.m.., 1,716.56 1&C.tt 0.,00 1.622.3li
ToUt: 0 G.OO T I: 0,00
I YTD:
VA TlON
-
0,000
.... &.ntect;
+ &o.pi'
1_;
Sold;
.
End &000
1075.74
HOUJtS
-
1fI'll.
0.,000
+ 28.000
+TrtnsfeMn'
.T"":
.lIoId;
+Adi_,
EM
617S.14 601.82 0.00 6471.92
N P Y IltION
IAdvice 1'6942300
1,622.38
ota:l; 1622.38
MESSAGI&: 1..- 10 Payroll,., ofury within S 41)'1 oflbe payday.
Semlllol. Coualy Publk SeIIOfIb nate AllvkeNo.
400 Easl Lake Mary Boulevard 1011111201. 6942300
Sanford, FL 3217)-7127
DeposIt Amont: ___
T.ne
Ac_at(l)or
MICHAEL LENROY LOWE
1509 BRAEWlCK STREET
WINTER SPRINGS, l'L 32103-5904
IlIRECTD D IBUTtON
AL."COUDtT
o..ki..
A I Number
Z8hl
Amooml
1,62U&
Total: '.622.38
NON-NEGOTIABLE

120
--- - - ~ ~ - - ~ - - - - - ~ -
~
- - ~ - - - - - - -
SCHOOL CALENDAR
~
2010-2011
FIR S T SEMESTER
August 2-11 Pre-Planning
August 12 First day of school K4 - 12
September 6 Labor Day - No School
OctoberS End of I"' Quarter
October 14 ParentJTeacher Conferences 8am-8pm
No School for Students
October 15 Teacher Workday - No Schoolfor Students
November 22-23 Teacher Workdays - No School for Students
November 22-27 Thanksgiving Break - No School
December 15 Full day K4- 8
Half day for bigb school (exams for high school)
December 16 Half day for K4 - 12 (exams for upper school)
December 17 Half day for K4 - 12 (exams for upper school)
End of First Semester
December 20-Jan 2 Christmas Break - No School
SECOND SEMESTER
January 3 Teachers/Students Return
January 3-14 J-Term for bigb scbool
January 17 Martin Luther King Day - No School
January 18 Beginning of3rd Quarter for bigb school
February 18 Teacher Workday - No School for Students
February 21 President's Day - No School
March 11 End of3n! Quarter for lower and middle scbool
March 18 End oUn! Quarter for bigb scbool
March 21-25 Spring Break
April 22 Good Friday - No School
May 19-20 Half days for K4-8 (exams for middle school)
May 20 Last day for lower sebool and middle sebool
May 24-26 Half days for 9-12 (exams for high school)
Post-planning elementary and middle school
May 26 End of 4
111
Quarter
End of Serond Semester
May 27 Graduation I Post-planning all
121
'",--
,
I
nu;:O Iii OFHCE
CLERK OF
SUPERIOR I JUVENILE
COURT
IN THE SUPERIOR COURT OF COWETA COUNTY NOV 15 PH It: 06
STATE OF GEORGIA 10
cmoy G.
COWETA COUN h ,.
ELISA M. LOWE, )
)
Petitioner, )
) CIVIL ACTION
)
) o8 V CO 1/ ). 4
MICHAEL L. LOWE, )
)
Respondent )
AMENDED PETITION FOR CONTEMPT AND
NOTIFICATION OF IMPROPER USURPATION OF PERSONAL AND SUBJECT
MATTER JURISDICTION BY A COURT WITHOUT JURISDICTION
Comes now your PlaintiIDPetitioner, Elisa M. Lowe. and amends her complaint and petition
in the above- captioned case as follows:
l.
The allegations contained in the original Petition for Contempt are restated and alleged
without amendment
2.
The Parties entered into an agreement for payment ofchild support and other fmancial obligations
and said agreement was made an Order of this Honorable Court on August 14,2001 and entitled
"Order and Judgment" in Coweta Civil File Action No. 2001-v-561.
122

ChDd Support Willful Contempt
3.
It bas been One Hundred Twelve (I 12) months since the Order and Iudgment was issued and created
and ordered the Defendant Michael L. Lowe to pay child support.
4.
The Amended Final Divorce Decree ordered the Defendant Michael L. Lowe to pay a minimum
amount 0($750 per month for the support ofthe minor children of the parties.
5.
An easy and accmate calculation of the number ofmonths that the Amended Final Divorce Decree
bas been in effect multiplied by $750 is $84,000.
6.
This $84,000 amount does not include statutorily authorized interest on these past due child support
payments.
7.
During tbe pendency of the Amended Final Divorce Decree, Michael L. Lowe has paid 59600 as
child support to your Plaintiff.
Failure to Provide Financial Records in Order to Ascertain 25% of Gross Income
over $3000 per month for ChDd Support
8.
The Amended Final Divorce Decree ordered the Defendant Michael L. Lowe to pay an additional
25% ofhis gross income for earnings over $3000 per month.
9.
Defendant Michael L. Lowe was ordered to provide to your PlaintiffIncome Tax Financial Records
including but not limited to W-2 forms and income tax returns showing his gross income so that the
child support obligation could be ascertained.
123
-- -
to.
Defendant Michael L. Lowe has willfully and contemptuously failed to provide said financial
information as previously ordered.
11.
Defendant Michael L. Lowe has been ordered to pay and owes an amount much greater than the
principle amount stated above as such calculations do not include the gross income over the $3000
monthly amount.
Failure to Pay Previously Ordered Tax Debts
12.
The Defendant Michael L. Lowe owes an amount ofat least $121 ,344.24, plus penalties and interest,
which was the amount ofthe tax lien placed upon your Petitioner as of2004 and made a subject of
a previous contempt action against Michael L. Lowe.
13.
Your Plaintiff paid and delivered to Michael L Lowe over $50,000 with the understanding that
Michael L Lowe would apply said sum towards the payment of taxes for the calendar years 1997
and 1998.
14.
That Defendant Michael L. Lowe was previously ordered by this Honorable Court to abandon
innocent spouse status with the Internal Revenue Service and pay this Internal Revenue Service tax
debt. Defendant Michael L. Lowe has failed to abandon this position.
Previous Contempts and Ineareeratlons
15.
Since the divorce ofthe Parties, Defendant Michael L. Lowe has been found in Contempt of this
Honorable Court's Orders on two prior occasions.
124
.-/
-
16.
First Finding of WlUfuJ Contempt
October II, 200I-Judge John Simpson-Order to Incarcerate for Contempt
Coweta Superior Court Civil Action File No: 2001-v-561
a) Failure to Produce Financial Records as previously ordered
b) Failure to Provide Medical Insurance as previously ordered
c) Failure to pay for marital residence as ordered allowing said residence to be foreclosed causing
your Plaintiffto lose her $25,000 non-marital down payment for residence and equity
d) Failure to pay the federal income tax: debt of the parties as previously ordered
Arrested April 2, 2008-Released on promise to purge but refused to do so thereafter
17.
Second Finding of WiDful Contempt
March 3, 2005-Senior Judge Byron Smith
Coweta Superior Court Civil Action File No.: 2004-v-32
Failure to Pay Past Due Support and Tax: obligations
Ordered to pay $50,000 by March 4. 2005 in order to purge himselfofcontempt
Arrested April 2, 2008-hnmediately released without purging
Released on promises by Michael L. Lowe and his attorney to purge in future which did not occur.
Continuing Contempt During Pendency ofThis ActIon
18.
InCredibly, during the pendency of this contempt action, Respondent Michael L. Lowe, has failed
to make any payments of child support for the support ofhis minor children.
125
-
19.
Such failure to be compelled to pay his support and other fmancial obligations during the pendency
ofthis contempt action shows a complete diSIegard for this Court and his minor children, as well as
atotal disrespect and lackoffear ofincarce1'lltion and repercussions for his willful and contemptuous
actions.
20.
Your Plaintiff finds herself in a position ofpleading her case to this Honorable Court, the Court
agreeing with her and rmding Michael L. Lowe incontempt, this Court issuing incarceration Orders,
and once Michael L. Lowe is incarcerated. releasing him from jail without said Defendant purging
himselfof the contempt.
21.
Your Plaintiff has taken every proper and necessary step with this Hono1'llble Court to require the
Defendant Michael L. Lowe to paybisjust support, tax, marital residence, and insurance obligations,
but said relief granted by the Court has been ineffective with this Defendant as he continues to
willfully refuse to meet his court-ordered obligations.
Notifleation of Improper Usurpation of Personal Jurisdiction by a Court Wltbout
Jurisdiction and Request for Finding of Contempt
22.
DefendantIRespondentMichael L. Lowe filed aModification ofChild Custody with the Clerk ofthe
Superior Court of Paulding County on March 4,2008, said case being assigned and designated as
Civil Action File No. 08-CV-112410.
23.
DefendantIRespondent Michael L. Lowe signed and verified, under oath, the Complaint for Change
of Custody alleging that "Coweta had no interest in the case" and that he was "not aware of any
126
---
-'"
pending proceeding other than Paulding County concerning the custody of the children."
24.
Further, DefendantIRespondent Michael L. Lowe signed and verified, under oath, the Complaint for
Change of Custody alleging that Michael L. Lowe had "joint custody" ofthe minor children ofthe
parties when in fact and law he had only been awarded "visitation rights."
25.
This pleading, made under sworn testimony, was blatantly false and misleading to the Superior Court
of Paulding County.
26.
DefendantIRespondent Michael L. Lowe had previously signed and filed a verified Complaint for
Modification ofChild Custody with this Honorable Court, said case being filed on January 14,2004
and designated Civil Action File No. 2004v32.
27.
Both the Coweta and Paulding child custody modification actions were commenced with the
DefendantIRespondent Michael L. Lowe seeking and obtaining an ex parte order temporarily giving
him sole custody of the minor children ofthe parties.
28.
In both cases, the Superior Court vacated the ex parte orders and returned the minor children ofthe
parties to the sole custody of your Plaintiff, as originally ordered by this Honorable Court.
29.
In the case ofthe Coweta modification action, Chief Judge William F. Lee, Jr., presiding, apparently
feeling duped and misled by Michael L. Lowe, specifically stated and found that the exparle custody
order he issued had been "improvidently granted."
127
"-
30.
At the time that DefendantIRespondent Michael L. Lowe filed the Paulding County modification,
he knew that there was a modification ofchild custody case pending in Coweta Superior Court, and
intentionally defrauded the Paulding Superior Court to assume jurisdiction over the custody and
child support matters.
31.
In your Plaintiff's first responsive pleadings to the Paulding Superior Court, your Plaintiffnotified
the Paulding Superior Court that this Honorable Court hadjurisdiction ofthe persons, custody issues
over the minor children, and over the subject matter alleged in the verified Complaint.
32.
Your Plaintiffhas filed several motions, along with supporting statutory and controllingGeorgiacase
law, with the PauldingSuperior Court notifYing said Courtoftbe fraudulent sworn testimony as well
as Coweta County's exclusive jurisdiction over the custody and child support matters involving the
parties and more importantly. the minor children ofthe parties. (See Attached "Notice to Court of
Another Court Having Jurisdiction over ChHd Custody Matters Pursuant to O.C.G.A. 19-9
62, Fraud, Perjury and Request for Rule 12 Sanctions" filed with Paulding Superior Court.)
33.
Despite being informed ofthe fraud, the statutory and case law prohibiting and forbidding Paulding
Superior Court rrom assuming jurisdiction, the Paulding Superior Court continually denied said
motions and has acted to assume jurisdiction and has actually awarded primary physical custody of
the minor children to the DefendantlRespondent Michael L. Lowe.
34.
Despite being informed, via motions, briefs and argument that O.C.G.A. 19-9-62 required the
Paulding Superior Court to contact the Coweta Superior Court to resolve this jurisdictional issue.
the Paulding Superior Court refused to follow the law ofO.C.G.A. 19-9-62 and continued to hear
and consider custody and child support issues involving the minor children of the parties.
128
35.
This Honorable Court has never released jurisdiction of the custody and child support matters
involving the minorchildren ofthe parties to any othercourt, including the Paulding Superior Court.
36.
A final onler bas not been entered in the Paulding Superior Court case.
37.
By and through the fraud committed by and the perjured testimony submitted to the Paulding
Superior Court, the DefendantlRespondent Michael L. Lowe has created a jurisdictional "mess" and
"quagmire" where two Superior Courts are ex.ercising contemporaneous jurisdiction over the same
subject matter involving the parties and minor children of the parties.
38.
This plesding serves as notification ofthe improper exercise ofjurisdiction by the Paulding Superior
Court over matters that are within the exclusive jurisdiction of this Honorable Court.
39.
A copy ofthis pleading will be served upon the DefendantlRespondent Michael L. Lowe as well as
the Clerk ofthe Superior Court ofPaulding County. A copy will be mailed directly to the presiding
judgeofPauldingSuperior Courtnotitying him. again, ofthis fraud, perjuryand improperusurpation
ofjurisdiction.
40.
Wherefore, your Petitioner, Elisa L. Lowe, requests the following relieffrom this Honorable Court:
a) that the RespondentlDefendant Michael L. Lowe be incarcerated, instanter, for his willful
contempt of this Honorable Court's many and various Orders and Findings ofContempt,
I
I
,
129
--
b) that this court issue an Order of Contempt and Incarceration for the RespondentJDefendant
Michael L. Lowe and find that the amount owed to your Petitioner by the Respondent is as follows:
Child Support $84,000
Child Support Interest $5880 ($84,000 X 7%)
Tax Debt due IRS $121,344.24 +interest and penalties
Actual Funds given to Respondent
by Petitioner to pay IRS $50,000 (previous specific imding of Court)
Loss of Down Payment
ofMarital Residence $5000
Loss ofEquity in
Marital Residence $20,000
Total 5286,124.24
c) that this Court, as part of said Order of Contempt and Incarceration require that the full purge
amount be paid in full and that no other judge except the presiding and issuing judge may lift said
contempt due to the prior history ofbeing released without purging himself,
d) that before the Incarceration Order is lifted, that a full hearing ofthe purging ofthe contemptuous
behavior be considered;
e) that this Court issue a Judgment outlining the full amount owed by Michael L. Lowe to your
Plaintiff so that your Plaintiff may garnish his wages, suspend his driver's license, professional
licenses and other privileges of society until he purges himself of this contempt;
1) that this Court order payment ofall costs, paralegal fees, research fees, copying and attorneys fees
130
--
associated with the filing and prosecution ofthis contempt;
g) that this Court hold a hearing to consider the improper usurpation of its exclusive personal and
subject matter jurisdiction over the custody and child support matters involving the parties and the
minor childnm ofthe parties;
h) that after inquiry into this matter, and upon finding of fraud and perjury being committed by the
DefendantIRespondent Michael L. Lowe in an attempt to wrestle jurisdiction away from this
Honorable Court, that said Michael L. Lowe be held in Contempt and be incarcerated until he purges
himselfofthis contempt bydismissing this fraudulent and perjurious filing in the Paulding Superior
Court;
i) that the minor children of the parties be immediately returned to the sole custody of your
Petitioner;
j) that this Court grant your Petitioner any other relief as it deems just, equitable and proper.
~ ? f - ~
EUsaM.Lowe
Petitioner
Newnan, GA 30265
(404) 7047058
!
I
I
I
I
!
I
I
I
\
!
;
!
!
\
I
!
I
:
131
Page 1 of2
Iw
..."

.JI. ' ... ""''('A.

IN THE SIJPIOOR COURT OF PAUlDING COOJJI! 41.
STATEOfOEORGIA COli.!: "TL G}
""",
MICf1A6I. L LOWE,
)
-r;. < .
..
y>
)

Ok'
)
I'WIIIlff.
Y. ) CMI.ACTION FILE
) NO. os.cv. fl24.JO
1iUSi\ L SMITH. )
)
DcfenclIat. )
NonaTO COURT OF Aa"lOTHERCOURT HAViNe 1U1USD1CTI0N OVER CHILD
ClIsroDY MAnERS PUaSUAI'IT ro o.cG..\.lI9-UZ, fRAUD, rlJUlIIlY AND
RIQUIST'Oa RULE

delcn'W NOTICEbyshoIvhta die followi.,:
The I'IIimiIt MICIIAS.L L LOWE, IIId hit lhOmCy offtCIOfd, MARTIN 6. VALSUENA haoe
tRGod a wMI can oo\y bII CIIled a .....jurisdiction&l_ by flu... civil actIcm$ in two
Superior COII1II oflbt ofGeor&it.
__a.cd")'dlel'lllltlli(f'lIIdhitlltilm&f. MInln Ii VaIbuena, wMn Ilw!y
IIWdoc abo-.:opl-.s _GIl Mud! '. 2tlOS YtiChIbt specIfIcJllllPOlC by
.Ihrca"III ex JIIII'Ie onIcr bylhis Court.
PIain1iIr IIIIf I\IIOmcy VIbIeIa did coaYillce dIis Honorable COlIn 10 lmlC III ex pIlIt oRlet
CIlIIo4)' ofl. minor cbiJdmn to PlliAliIT.
BlsedGII thiaCll f*1O cnierlD AMBtiIt ,Iert _ isMdfcrDcCcu4lm and her minorelliklrert and
more 1Iu.1I1IIIIIb lIIor)Ollf Dd'eadW _ JIIaICd and by Slife ofT_and

lIlled SCNIUly by !his Court and Ihc chiIdmJ >\We reasmd 10 !he CUIIOdy of Ihclr molhcr. die
Defendant after. heatiJIs.. whidl she _ able 10 allelld.
Ia 1H.erifIcdcomplaint filed ill tile PIai1Itiff_ u.oadI MfGre II
.. l'IOlIl)'ofdle$loofGtolJjalhorollowfaa:
lIMn - AIIomCy ValbuenatlplCd dIeR pIadInss
III Plaintiff', anorney ofPICOrd.
At lilt: time dial die I'IIimiffliled tlli$lICIioe. _. if!kt.1II openllld custodyease
boforIIlhc Coweta SuperiarCouri. Plaillliffhlod /lied. PetitiO!! for MlldiflClllion ofOl1d CIISIOdy
IIIIlCbl1dSuppotIOIIhnua!y 14,2004,and it _t:IIdlIodMiclultll..l.owev.Elisa L.lowo,Civll
Action Ale No. 04 V l2.
http://clerksntt.comlWebCaseManagementlIrnageheader.aspx?REcrYPE =Civil&id =3726... 3125/2004
132
1
I I S 0 L - t o L - t o t r
U C O ( 1 1 1 ) ' u V U A e I l
/ ' 1 3 f I P U O ' > t ! q Z I l I t ' 1 I - W i ' ! I I I l C I ( ! " " r - n < o J I P ! P I I I
. . . . . . . . n 0 1 _ * ' 1 1 . 1 ' p o u u t q I I q
O I . I J f I I I ! ' I d J n Q . ( p t i I I I : > m j l O p I I I I J ' I N ! P f t l l $ f m 1 I I I q f ' " k n u o u v 1 1 I I l . . ! J I I I I J . . . . l I U
: k I w o n . P ! ' I f ! P " " ' I " ' " 0 1 _ i I O X I I . p u t
O J I I C I I P 1 f q n s J I I I ' - - l I I p 1 1 1 1 O S l C I t l l l I I P l o I I I O ; )
" ' I J f ' ! P l I U l I O d a m u .

" ' " . . I f " D - ' I U I \ I I I n \ I A J I I ( l - ' . . t I I O f I I I l f * I I I ' i I I
. . . . . n ' J m I J
f ! l l l 1 I ! t N . k l I I i ! P I n ' . w a - J O 1 O C 1 J I C I O ' " ' " G I l l ! U I P I O ' t I J O O : : J ' ! ' 1 1 1 I ' I . l
: 1 - l \ 1 l i
. . . . . . 0 1 l . 1 l i 0 ; ) ' ! ' I I ] m I I I I I { l o o t I I I I I ' t p D . I : ! p 1 I I t ' . . , A q I l 0 0 ; )
. . . .
. . . . " " I I l \
' O O O ' O U _ _ 1 I I 1 1 ! P Q q 3 1 1 1 P

. . . . .

' N O I " - - ' J . P Q t ! I - r \ l l l l 4 4 1 I l l l l " " " "
' P I " ! ' ! ! " " ! " ' . . . . . . . J I I I C 0 1 0 1 p . ( m j l l l : l n t j J f A
" S p I . I q p l l t f t ! U l S ! Q i l l l H l p O W ' N I f t I I l l I C I I I ' I P < ! -
' ! ' U . G w I o a V I I \ q l O I I P ! I l M O l J l l l l l l 1 I J d
- = - p o I l I I Q I S I p t q l I I I I O : ) J I I ! . I O d f t s
. . * " " " 0 1 J I q I I I I I N Q O f I I ' V 1 ! O f . ) P I I ! 1 . . . . . " . < ' a I u o u V . J : I I 1 I . . . . - L 1 ' O I O Z ' l I ' ! M I v 1 1 0

: > q l 0 1 ( M I l l t 3 C I I I p ! U 1 = J I O p u l l . - P I \ I I I M . . - ' . I 0 I 0 1 , ( a l p , "
J l ! 1 U ! t l d
. . . . - . . . . ,

P D O O l i f I ' I l ' I ' I O K
- -
( . l U J . , . . . . . .
t t l
" I I 4 l U O '
t t ' t u u : t
U ' U 6 ' 4

0 1 0 t / U / L O
' D O t / l f f J l t O
.
. . . . " I e \ . ,
" L e e - U t a t . . . . . . . . . . .
; ) n r n a a a a l t l t - t
.
/'.
,,..-'
....-'
? <1 IN OFF
"0 Co let:'
10 UNi;-"
NOv I . GA
IN THE SUPERIOR COURT OF PAULDING PH 4: 4']
MICHAELL. LOWE,
STATE OF GEORGIA
)
P"IJ, , ;t, Sllf!
. T(W
) , , c::{1;.,,!,,f"
Plaintiff, )
) NO.08-CV-1124-JO
EUSA L. SMITH, )
)
Defendant. )
COMES NOW, Elisa L. Lowe, and certifies that she has filed the following documents
and pleadings in the above-captioned case and sbows that she has mailed, via frn class mail,
copies of said pleadings to Martin Valbuena, attorney ofrecord for the Respondent:
DEMAND FOR ABATEMENT OF PROCEEDINGS DUE TO LACK OF
JURISDICTION AND NOTIFICATION OF INQUIRY OF JURISDICTION IN
COWETA SUPERIOR COURT
Notification of Filing in Coweta Superior Court ofthe following document "AMENDED
PETITION FOR CONTEMPT AND NOTIFICATION OF IMPROPER USURPATION OF
PERSONAL AND SUBJECT MAITER JURISDICTION BY A COURT WITHOUT
JURISDICTION"
Said documents were mailed, via U.S. First Class Mail, to Plaintiff's Attorney of Record as
follows:
113 Village Walk, Suite B
P.O. Box 1125
So Certified & day of November, 2010.

Petitioner
Newnan, GA 30265
(404) 704-7058
135
--
p
Y. r, I:,
IN THE SUPERIOR COURT OF PAUlDING COUNTY
!ONoV 15 PH
MICHAEL L. LOWE,
Plaintiff,
STATE OF GEORGIA
)
)
)
Tp[ . 5
t
H" ...
P. " :t[Zlk''''"iON
"Ull $;r. .
" \'''''/}II{ r r,.
v. ) ClVlLACTION FILE
) NO.08-CY-1l24-JO
EUSA L. SMITH, )
)
Defendant. )
DEMAND FOR ABATEMENT OF PROCEEDINGS DUE TO LACK OF
JURISDICTION AND NOTIFICATION OF INQUIRY OF JURISDICtION IN
COWETA SUPERIOR COURT
Comes now, Elisa M. Lowe, the Defendant in the above captioned case and files the
following:
I.
Your Defendant has made several motions before this Court notitying the presiding judge,
Superior Court Judge James Osborne that certain frauds, misrepresentations and perjury have
occurred in his Court.
2.
Your Defendant has shown that at the time ofthe filing ofthe above-captioned case, there was a
pending Coweta Superior Court case pending involving the parties and minor children ofthe
parties.
3.
Your Defendant has requested that this Court follow O.C.GA 19-9-62 and notii}' Coweta
Superior Court ofthis subsequently filed case in an attempt to resolve jurisdictional issues.
4.
Judge James Osborne has summarily denied said motions and requests without inquiry or
investigation and refuses to follow the law of O.C.G.A. 19-9-62.
5.
The Paulding Superior Court has no jurisdiction over the parties or the minor children ofthe
parties due to this fraud and perjury.
136
6.
This pleading serves as notice to this Court that failure to follow O.C.GA 19-9-62 or conduct an
inquiry into this perjury is contrary to the Rules of the Superior Court, Georgia Statutes and case
law and subjects persons acting with total disrespect of said law to loss ofjudicial immunity and
subject to civil redress, including but not limited to tortious interference with child custody.
7.
This pleading serves as notice that your Defendant has filed the following pleading with the
Clerk ofthe Superior Court ofCoweta County: AMENDED PETITION FOR CONTEMPT
AND NOTIFICATION OF IMPROPER USURPATION OF PERSONAL AND SUBJECT
MAITER JURISDICTION BY A COURT WITHOUT JURISDICTION, a copy of which is
attached to this pleading.
8.
Your Defendant demands an abatement of all proceedings, including but not limited to, the
issuance of any orders, until this matter is be fully resolved.
Elisa M. Lowe
ProSe
Newnan, GA 30265
(404) 704-7058
137

IN THE SUPERIOR COURT OF PAULDING COUNeR/S/NAL
STATE OF GEORGIA
MICHAEL L. LOWE, )
)
Plaintiff, )
..:l
-? <t<'
) CIVIL ACTION FILE ......:
v. ) ...
) NO: 08 CV 1124 JO
f(\ 't
'G."'" , roy
ELISA L. SMITH, ) "i. ',' ,.p '00
C'C"1;. c:;.A\
)
<'b<;<'. -$- ....'.
7 ...... ..,...
Defendant. ) ':1;.1''>-.... /. .L-A'\
;. '<, .- .,. \.

1
PLAINTIFF'S RESPONSE TO '" BRIEF IN SUPPORT TO
DEFENDANT'S DEMAND FOR ABATEMENT OF PROCEEDINGS
DUE TO LACK OF JURISDICTION AND NOTIFICATION
Of INQUIRY Of JURISpIClION IN g>yIETA SUPERIOR COUST
Plaintiff files this Response to and Brief in Support to Defendant's
Demand for Abatement of Proceedings Due to Lack of Jurisdiction and
Notification of Inquiry of Jurisdiction in Coweta Superior Court, and shows the
Court as follows:
1.
The Court has ruled numerous times on Defendant's different Motions
regarding her objection to venue. Defendant has raised a/l of the same
objections and arguments contained in her current Motion previously both in
writing and orally before the Court. All of Motion and objections,
written and oral, have been ruled on and denied by the Court. All of the
Court's rulings denyIng Defendant's Motions and objections regarding the
Court's venue have been properly decided against Defendant.
2.
Plaintiff objects to any abatement of these proceedings, including the
execution of the Court's Final Order in the case.
138
'- ",-"
),
WHEREFORE, Plaintiff requests that the Court deny Defendant's
Demand for Abatement of Proceedings Due to Lack of Jurisdiction and
Notification of Inquiry of Jurisdiction in Coweta Superior Court and for any
other relief the Court deems just and proper.
Martin Enrique Valbuena, P.c.
~ J J ~
P.O. Box 1125
(nO) 443-2204
Fax (nO) 443-6613
2
139
\
p. {:,,'1.
'f(;," II:
I. <'
()(J.l'- C'
O
G0c-'
'. t,;C' "4- If',
CERDFICATE Of SEBYICI; J> ''r'(', '9 7",::<;'
4(;, .: ., '1 . C
'>: /.. -1
I hereby certify that I have this day served a copy of
c. 04
pleading upon all counsel of record in this matter by placing a copy of in
the United States Mall with sufficient postage affixed thereon to ensure
delivery as follows:
Elisa M. Lowe
Newnan, Georgia 30265
This of December 2010.

P.O. Box 1125
(770) 443-2204
3
140
________________________________________________________
AITORNEY AT LAW
December 8, 2010
-Q
-:.. .,"',
-0 <;;:::
Clerk, Superior Court of Paulding County .... -' 0-1'
'i% -:t.
c
Attn: Amanda Thomason
cc, fi{:
\ (l'"
C'C>-:f..p 00
"'- c::. '"'"
-;, '" -;:. '1- ",<'
f;, .... j:'(-,
RE: Michaell. Lowe V. Elisa L. Lowe ... .- .' . \'
Superior Court of Coweta County
IA c.
-;t #" ','
Civil Action File No.: 10 V 1534 JO
'"
Dear Amanda:
Enclosed is Plaintiff's Response to & Brief in Support to Defendant's Demand
for Abatement of Proceedings Due to Lack of Jurisdiction and Notification of Inquiry
of Jurisdiction In Coweta Superior Court to be filed in the above-referenced case.
Please return a file stamped copy to our office in the enclosed self-addressed
stamped envelope.
Sincerely,
JRM
Endosure
113 VILLAGE WALK, SUITE B P.O. BOX 1125
PHONE: (770) 443-2204 FAX: (770) 443-6613
MARTlHVAlBUENAPCClBELlSOUTH. N ET
141
ATTORNEY AT LAW
December 6,2010
Honorable James R. Osborne -v
'.
0 c:;..,., Paulding County Superior Court
r
0
f'TI
("')

.,..
C;)_
(')
> go RE: Michael L. Lowe v. Elisa L. Smith
:;.c: ....
Paulding County Superior Court n

c.
-
<:
II !.etlon File No. OS-CV-1124-]O ,. C
0

r-,;;;
C"!
" ;.
Dear Judge Osborne:
Enclosed please find a proposed Final Order in the above
referenced case. My office forwarded this proposed Final Order to Ms. Smith
(Lowe) on November 29,2010. I have not received any response from her
regarding the proposed Final Order.
I am submitting the proposed Final Order to you for your review and, if
acceptable, execution. I have Informed Ms. Smith (Lowe) that I am
submitting the proposed Final Order to you and that I would tell you that she
has not approved this proposed Final Order.
If you have any questions or need any additional Information, please
contact me at the number below.
Sincerely, fl 1

MEV:jrm
Enclosure
cc: Mr. Mike Lowe
Ms. Elisa Smith (Lowe) (via e-mail & regular mail)
113 VillAGE WALl<, SUITE 8 P.O. BOX 1125
PHONE: (770) 443-2204 FAX: (770) 443-6513
MARTI NVAl8U ENAPC@8ELlSOUTH.NET
142
--....-'
"'0
.... .-I"

-0 ,,-4
STATE OF GEORGIA
.".
'f -'. :;e. C> .:
<i <;;'0
"C' c.-<\
MICHAEL L. LOWE,
*
?V'
* 6 "'-';:.
Plaintiff, CIVIL ACTION FILE ..c. .,-" "0
*
< 0 )'
*
Y.
*
NO.: 08-CV-1124-l0 oj.
*
EUSA L. SMITH,
*
*
Defendant.
*
FINALORQER
The above-entitled case came before the Court on its specially set non-jury
calendar date of Friday, November 5, 2010 for a final hearing on Plaintiffs
Complaint for Change of Custody. Plaintiff appeared with counsel, and Defendant
appeared pro se. After hearing the evidence presented and argument on all issues,
and It appearing to the Court for meritorious reasons and for other good cause
shown, it is therefore Ordered, Adjudged and Decreed that:
1. DEFENDANT'S MOTION FOR RECONSIDERATION
nled a"Motion for Reconsideration of whetner this Me
jurisdiction over this custody matter." The Court had previously denied Defendant's
"Second Motion and Demand for Stay of Temporary Hearing due to Improper venue
due to misrepresentation of facts and law to this honorable court resulting in an
unlawful detention and unlawful interference with custody rights. #I After hearing
argument on the Motion for ReconsideratIon, the Court reaffirmed its denial of
Defendant's earlier Second Motion and denied Defendant's Motion for
Reconsideration.
143
~ . - - ..---... - - ~ ...~ . - - - -
~ .
'--../
2. LEGAL CUSTODY
Plaintiff and Defendant are the Parents of two minor children, who are
Zachary Thomas Lowe, OOS: 5/7/1995, Age 15 and Evan Michael Lowe, DOB:
7/9/1997, Age 13 ("the Children"). The Children executed minor child election
affidavits, stating that they wanted to live with the Father in the Orlando, Florida
area and have him be their prlmary physical custodian. The Mother consented to
the change of primary physical custody.
Therefore, pursuant to the Parties' agreement and in the best interests of the
Children, the Mother and Father shall have joint legal custody of the Children. The
prImary physical residence of the Children shall be with the Father subject to the
Mother's right to reasonable visitation, as described below. The Court makes this
determination and all other determinations in this Final Order in the best interests
of the Children.
The term joint legal custody contemplates joint deciSion making by the
Mother and Father in all matters affecting the welfare of the Chlldren. This
includes, but is not limited to, choice of schools and education, religious upbringing
and education, summer camps, daycare, medical and dental treatment, counseling
and/or treatment for emotional or behavioral problems.
The Parents shall confer amicably with each other on all important matters
pertaining to the health, welfare, education and upbringing of the Children. They
shall establish a harmonious policy calculated to promote the best Interests of the
Children, and neither Parent shall take any action in such matters in conflict with
such policy. In the event the Parents are unable to agree between themselves
2
144
---
conceming decisions regarding the "best interests" of the Children, the Father's
decision shall control.
Parent/Child Relations: Neither Parent shall do anything that may estrange
the Children from the other Parent or hamper the natural development of the
Children's love for both Parents. Neither Parent shall disparage or speak poorly of the
other Parent in the presence or within hearing of the Children.
Parent/Child Phone Contact: Each Parent shall be allowed to telephone and
speak with the Children daily, at such times and upon such reasonable terms as may
be agreed upon between the Parents, or, without agreement, at the desire of each
Child. If the Parents cannot agree, each Parent may call the Children between 4:00
p.m. and 9:00 p.m. each night, and for no less than ten (10) minutes. this shall not
act to require the Father or Mother to make the Children available during these times.
Child's Illness: In the event either Child should become seriously ill, the first
Parent to hear of such illness will immediately notify the other. Each Parent shall
share and make available to the other all health Information on the Children.
School Records: Each Parent shall make available to the other Parent copies
of all school progress reports, grades, achievement test scores, and like information
on the Children within seven (7) days of receipt. Either Parent may request such
Information directly from the Children'S school or any similar person or entity, and this
provision operates as an ABSOLUTE RELEASE to allow that person to release the
information requested on either Child to the requesting Parent.
Medical Releases and Information: Upon request by either Parent, the
other Parent shall also authorize any medical doctor, nurse, psychologist, agent of any
hospital, cliniC, or other health care facility; or other health professional; or prinCipal,
3
145
- - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - ~ ......- ..~
-<
--
teacher, counselor, or other education professional, to release any information on
either Child to the requesting Parent. Either Parent may make request for said
information directly to any person or entity listed above, and this provision operates
as an ABSOLUTE RELEASE to allow that person to release the information requested
on either Child to the requesting Parent.
3. PHYSICAL CUSTODY I VISITATION I PARENTING PLAN
The Mother shall have every reasonable opportunity to be with the Children
and to have the Children with her, apart from the Fathers residence, from time to
time as the Parents may agree.
In the event that the Parents are unable to agree between themselves as to
the Mother's viSitation rights, then, and only in the event they cannot so agree, the
following shall constitute the Mother's visitation rights:
a. Weekend Contact:
During the Children's school year, the Mother shall have the right to have the
Children outside the confines of the Father's residence one weekend each month. If
the Children have a long weekend during a particular month, either because of a
federal or state holiday or because of a teacher workday or other school related
holiday, then the Mothers weekend shall coincide with that long weekend. If they
do not, then the Mother shall select the weekend that she desires to exercise her
weekend Visitation.
On these weekends the Parents shall equally divide the transportation. The
Parents shall meet at a mutually agreed upon time and place halfway between their
two residences. Both Parties shall be required to wait no less than ninety (90)
4
146
minutes after the agreed upon meeting time in order to account for any
travel/traffic related delays.
b. Holiday (\ Summer Contact:
Thanksgiving: The Mother shall have the right to have the Children
outside the confines of the Father's residence from the Wednesday before
Thanksgiving until the Sunday following Thanksgiving in every year.
Christmas: The Mother and Father shall equally divide the Christmas
holiday period. Each Parent shall be entitled to have one-half ofthe days that the
Children are not In school during the Christmas holiday period. Notwithstanding the
foregoing, the Parents shall not be required to exchange the Children on Christmas
Day if that is the mid-point of their Christmas Holiday. If Christmas Day is the mid
point/ then the Parents shall exchange the Children at 2:00 p.m. on December 26
th

The Mother shall have the first half of the Children's Christmas Holiday in even
years, and the Father shall have the first half of the Children'S Christmas Holiday in
odd years.
Spring Break: In even numbered years, the Mother shall have the
right to have the Children with her and in odd numbered years, the Father shall
have the right to have the Children with him during the Spring Break holiday, from
after school on the last day of schoo! before the Spring Break holiday until 6:00
p.m. on the last day before school recommences.
Summer: The Mother shall have the right to have the Children outside
the confines of the Father's reSidence from June lilt through July 31
st
of each
summer. The Father shall have the right to have the Children with him from the
last day of school until June 1
st
and from July 31
st
until the first day of school.
5
147 -
Transportation: For the Thanksgiving and Spring Break holiday
vacation periods, the Parties shall equally divide the transportation as described
above and done for the Mother's weekend visitation periods during the school year.
For the Christmas and Summer holiday vacation periods, the Father shall be
responsible for transporting the Children to and from the Mother's residence.
Miscellaneous: The Children may elect to stay longer with the Mother
for any visitation period provided that It does not interfere or conflict with their
school attendance, but if they choose to do so, then the Mother shall be responsible
for returning the Children to the Father's reSidence once the additional visitation
period ends. If the Children should to choose to spend additional time with the
Mother, the Mother shall notify the Father of the Children's decision in advance of
the Father's leaving to pick up the Children from the Mother.
4. CHILD SUPPORT
Child support in this matter is determined for two children, and the Parents'
Child Support Worksheet Is attached hereto in accordance with O.C.G.A. 19-5-12.
The Court finds that the Mother Is able-bodied with no disability and that her
Monthly Gross Income earning capacity is $1,666.67/month and the Father's
Monthly Gross Income Is $3
t
875.00/month. The Parents' Combined Monthly
Adjusted Income Is $5
t
541.67. The Basic Child Support Obligation ("BCSO") for the
Children Is $l,339.00/month. The Mother's pro rata share of the BCSO is 30.08%,
which equals $402.77/month, and the Father's pro rata share of that amount is
69.92%, which equals $936.23/month.
6
148
- - ~
In addition, the Father is entitled to an adjustment for the child's health
insurance expenses. Taking this deviation into account, the Presumptive and Final
Child Support Amount is $482.54 for the Mother and $856.46 for the Father.
Frequency and Duratlon of Payments: Therefore, the child support that the
Mother shall pay to the Father for support of the Children set out above shall begin
November 5,2010 and shall be payable thereafter In increments equal to
$482.54/month. The Mother shall make these payments until the Children become
eighteen years of age, die, marry or otherwise become emancipated, except if the
Children become eighteen years of age while still enrolled in secondary school, then
the child support will continue until the Children graduate or reach twenty (20)
years of age provided the Children continue to be enrolled in secondary school.
Income Deduction Order: The Father may obtain an Income Deduction Order
and provide it to the Mother's current employer for the payment of child support.
Nothing in this paragraph will serve as a waiver of payment of the Mother's child
support obligation with respect to the actions of a third Party In the paying the
appropriate amount of child support. In conjunction with this provision, the Mother
shall provide, in writing, to the Father the name, address and telephone number of
her employer and will update this information immediately upon any change of
employment.
If, for whatever reason, there shall have been a failure to make the child
support payments due hereunder so that the amount unpaid Is equal to or greater
than the amount payable for one month, the payments required to be made may be
collected by process of continuing garnishment for support pursuant to O.C.G.A.
19-6-30, or any subsequent garnishment statute which may be enacted by the
7
149
------------
State of Georgia, or any other state In which the Parties hereto shall subsequently
reside.
Children's Health Insurance: The Father shall maintain medical, dental, and
hospitalization insurance to cover and pay medical, drug, clinic, hospital,
professional, dental and psychological charges incurred for the benefit of the
Children. Further, unless otherwise agreed to by the Parents, each Parent shall pay
to the other Parent one-half of the costs expended by the first Parent for healthcare
of the Children that are not reimbursed by insurance proceeds. It shall be the
responsibility of each Parent to present to the other Parent copies of all heaithcare
or medical expenses incurred for the Children where reimbursement is sought,
either from the Parent or the Parent's Insurance. Each Parent Is to assist the other
Parent by completing any professional, hospital, or clinic forms furnished, which are
required in order for the Insurance company to process any claim for medical
expenses or benefits Incurred as a result of treatment or services rendered to the
Children. utI
flU>
SO ORDERED, this L day a.M";
udje James R. Osborne
County Superior Court
uldlng Judicial Circuit
8
150
-------------_..------------------
FILED IN OFFICE
":';U"'TY. t;f,
IN THE SUPERIOR COURT OF PAULDING COUNfY
STATE OF GEORGIA
MICHAEL L. LOWE, )
II fEB -4 PH 3: 24
PlalntitT.
v.
)
)
) CIVIL ACTION FILE
.... 1 'J ;'i' ... jUt.

COr,.,.tn t
) 08-CV-lI24-JO
ELISA M. LOWE. )
)
Defendant. )
COMES NOW, Elisa L. Lowe, and certifies that she has filed the following docwnents
and pleadings in the above-captioned case and shows that she has mailed, via first class mail,
copies ofsaid pleadings to Martin Valbuena, attorney of record for the PlaintitTand Judge James
Osborne, Superior Court of Paulding County
MOTION TO SET ASIDE, MOTION FOR NEW TRIAL. AND RENEWAL OF
REQUEST FOR RULE Il SANCTIONS BASED UPON THE CONTINUING FRAUD
COMMITTED BY ATTORNEY MARTIN E. VALBUENA
pC 607 ()P:- e#uT
Said documents were mailed. via U.S. First Class Mail. to Plaintiff's Attorney ofReoord as
follows:
113 Village Walk, Suite B
P.O. Box 1125
Dallas. Georgia 30132
Judge James R. Osborne
Dallas, GA 30132
Phone: (770) 443'7636
Fax: (770) 443-7554

lsa&!..owe
Petitioner
279 Crossroads Esta1es Drive
Newnan, GA 30265
151
._. - ..
'--.
FfLtD Ify
'),1111 ,,-OF'F'IC
' .. .: /'! t,. 1" ',.. c".
STATE OF GEORGIA
lIf8 '4 PI1 3: 24'"
MICHAEL L. LOWE, )
Plaintiff.
)
)
'I;" ;,:f -' )t,
"",
) NO.08-CY-1124-JO
ELISA M. LOWE, )
)
Defendant. )
MOTION TO SET ASIDE, MOTION FOR NEW TRIAL, AND RENEWAL OF
REQUEST FOR RULE 12 SANCTIONS BASED UPON THE CONTINUING FRAUD
COMMITTED BY ATTORNEY MARTIN E. VALBUENA
Comes now ElisaM. Lowe, the Defendant in theabove captioned case, and makes this timely
Mntion to Set Aside and Motion for New Trial. The Defendant shows the following:
Your Defendant moves for this Court 10 set aside its previous Orders and Judgments based
O.C.G,A. 9-1 l-6(d) "Motion to Set Aside. Pursuant toO,C.G.A 91 1-6(d) Amotion to set aside
may be brought to set aside a judgment based upon:
(1) Lack ofjurisdiction over Ihe person or the subject matter;
(2) Fraud, accident, or mistake or the acts oflhe adverse party unmixed with the negligence or fault
of the movant;
Your Defendant bases her Motion to Sel Aside on both O.C-G,A 9-ll.6(d)(1) and O.C.G.A
9-1I.6(d)(2).
To the extent that your Defendant is offering new proof, by and through means of trial
ttanscripts ofCoweta Superior Coun, your Defendant bases ber Motion for New Trial on OCGA
91\-6(c)
This Court has no jurisdiction in this mailer. Another Georgia Court had jurisdiction over
the custody matters ofthe minor children of the Parties at the time of the filing ofthis action. At the
time ofthe filing of this case, the Superior Court ofCowets County had Civil Action Case Number
04-Y-32 was pending before the Court. The Plaintiff in this action was the Plaintiffin the 04-V-32.
The Cowets Superior Court was Jhe court oforiginal jurisdiction for the custody matters involving
the parties and their minor children and the Cowets Superior Court has neither lost or relinquished
its "continuing and exclusive" jurisdiction in these matters.
The Defendant has preserved her objection to Ihe exercise of this Court's venue in her first
responsive pleadings, the filing ofthree (3) olher Motions and Notices to this Court and making oral
arguments in open court and on record ofthis conflict ofjurisdiction and venue. Even upon notice,
152 . / - - - - - ~
... ....--- ~ - ~
~
the Plaintiff took no steps to perfect this fatsl flaw. Despite the filing of these valid Motions. Ihis
Court proceeded with bearing the custody matteB brought forth by the Plaintiff. The allegations of
the original petition were stale when lhis Court began holding bearings in this case two yeaB after
the original filing. The Defendant has never submitted or consent to the jurisdiction of this Court.
The Defendant was forced 10 defeod !be merits of this action in this Court at great expense,
harassment and trouble.
The Plaintiff's attorney ofrecord, Marlin E. Valbucna. has been aware of!be existence and
originaljurisdictioD ofthe Coweta Superior Court before the filing ofthis case with this Court. Mr.
Valbuena represented and was the attorney ofrecord for the Plaintiff in the Coweta 04-V -32 case.
The Plaintiff, by and through his attorney of record, Martin E. Valbuena, filed Coweta Civil File
Action No. 2010-V-804 "Motion 10 Set Aside" during the pendency of this case availing himself
again ofthe Coweta SuperiorCourl' s "exclusive andcontinuing" jurisdiction. The Coweta Superior
Court heard lhe Plaintiff's "Motion 10 Set Aside" and dismissed the case through Summary
Judgment after bearings and consideration of the merits of the case.
The issue of"exclusiveand continuingjurisdiction" his currently before the Coweta Superior
Court. In a January 6, 2011 hearing, Jodge Baldwin made the following statements regarding the
CowetalPaulding jurisdictional issue:
THE COURT: And where were you living when y'all, when the thing happened in
PauldIng County giving him custody?
MS. LOWE: Here In Coweta County.
THE COURT: Where had the boys been living? Are they boys?
MS. LOWE: Yes.
MR. VAlBUENA: Two boys.
THE COURT: Where are they living?
MS. lOWE: They are living in Florida because he gave them
THE COURT: No, I'm talking about when you had the case In Paulding County,
where had they been living?
MS. lOWE: With me in Coweta and in Tennessee. Tennessee and we moved back to
Coweta.
THE COURT: How long when the case was flied in Paulding County. where were
they living?
MS. LOWE: We had moved about two weeks we were In Tennessee.
,.
153
---
THE COURT: You had been in Tennessee for about two weeks?
MS. LOWE: Correct.
THE COURT: Why was It filed In Paulding County? Had you been living there?
MS. LOWE: No, sir. Mr. lowe, Mike lowe had lived in Paulding County. I'm not sure if It
was a court they were familiar with or what.
THE COURT: The boys lived with him in Paulding County?
MS. LOWE: No, sir.
MR. VALBUENA: Judge Byron Smith heard that as a special set, issued a ruling from
the bench. The lawyers took down their notes and never entered an order. Mr. lowe's
attomey prepared an order. Sent it to Ms. Lowe's attorney. They couldn't get together
on the language. It never got submitted to the Court. Judge Smith issued a ruling, but it
never got entered. But the case was done except for an order being signed.
THE COURT: It was still pending?
MR. VALBUENA: Theoretically, yes.
THE COURT: Stlll pending. so no case about the same subject malter In Paulding
County was valid.
MR. VALBUENA: Judge, she raised that issue, and the Court up there denied them.
THE COURT: I can't help It. That doesn't make the Court right.
MR. VALBUENA: I understand it, but I think her relief is in Paulding County to appeal
that judgment, not to come here and try to collaterally attack the Paulding County
judge'S decision In Coweta County.
THE COURT: It looks like thats what y'all are doing.
MR. VALBUENA: How are we doing that, Judge?
THE COURT: In Paulding County by filing the thing in Paulding County.
MR. VALBUENA: No, Judge. When we filed the case in Paulding County, we said that
order is not signed, Judge. but that's the order that they're living under. We weren't (sic)
154
- we were (sic) trying to change the order of Judge Smith. We weren't trying to go
behind him. We were trying 10 say, thars the order and the case Is done. She's left the
State. He lives in Paulding County. and we're filing it in Paulding County because that's
where he lives.
THE COURT: How can you file It In Paulding County where he lives? How does
that give you Jurisdiction? I may be wrong about all this, but I don't think you can
do that.
You can do that In a divorce If she moves out of state and the person Is a resident
of the state and meets all the other requirements. You can file It in the same
county that the plaintiff lives In If she doesn't live in the State of Georgia. If she
lives In the State of Georgia, then he's got to file It In the county where she's
living andlor he's got to file it In the county where she's living in the other state.
Or If It's a contempt action It has to be
filed and It's In the State of Georgia, it has to be filed In the county which
orlglna/ly Issued the order.
MR. VAlBUENA: Judge, I think that's a venue issue. Venue can be waived. She raised
that Issue in Paulding County. and the judge found that she had waived venue and
that's why he could proceed in Paulding County. She raised that Issue three or four
different times and lost every time.
THE COURT: I don't care. I don't agree with that. Who was the Judge?
MR. VAlBUENA: James Osborne.
THE COURT: Okay.
THE COURT: let me just tell y'all. Just have a seat. I practiced law for about 26
years before I became a judge, and I had a lot of domestic cases. Now I've been a
Judge I think over 15 years. I have never In my life seen one as confusing as this.
THE COURT: I didn't create this problem. Yall created It. and It got created by the
lawyers Involved that are no longer Involved In this. When I practiced law,
whether I'd been paid or not If I was given an order to do, I did It. But I found out
there are a lot of lawyers particularly up in this area that if they're not paId, they
don't do It. I don't know what to say to you. That's not a problem for me. Irs a
problem for y'all.
THE COURT: Now, you may be right that the thing In Paulding County doesn't
make any difference at this point, but I'd have to see that In chronological
order.- I think he's absolutely wrong. I know Judge Osborne real well. He Is a
good friend. but I dIsagree with him about that. I mean, I just don't think the fact
155
--------------------------------------,-------------------------------

that both sides, there was a pending order out there and a pending case. I never
would heve ruled on this other thing. So that was resolved. Either the order got
signed or the order was dismissed. I don't think they could do either. But yall get
me some casas that says that he can. I mean, I know that you can waive venue
and that you can do that, but she didn't file the thing In Paulding County, did she?
MR. VAlBUENA: Ves.
MS. LOWE: Vour Honor, they were no pleadings on the case.
THE COURT: Walt just a minute. Ma'am, I swear you can't be quiet. When I turn to
you and say, what about this, thats when I'm asking you a question, okay?
MS. LOWE: Okay
THE COURT: He filed It, so he can't file it In Paulding County and in that way
create a waiver of venue by her. He can't do that. So. I'm sorry.
THE COURT: Yeah. Y'all dothat. and I will do my best to figure this out. When I make
statements like, boy, you Just can't do that, I'm not always right. I don't mind If you
show me I'm not right. But thats what I believe. I think at least the way I would have
done it, I certainly wouldn't have even listened to the case until all this other stuff
had been resolved
Martin E. Valbuena presented I final otderbcfor4t thi$Coun and il was c:xecuted by this Coun on January S, 201 t,
Th. Coweta Superior Court had orisinally set the case for. bearins on Novcmbt 22. 2010. Mr. Valbuena ask.ed for
and WIS granted a continuance by Judge K.irby so that Mr. V.lbuoft.a could aReRd family Thankssivin,. The wu
tpcdally"t for Janu.lry 2011. Mr. V.lbuena presented a Final Order (0 mis Coun gn January 20 I t, had a copy
t-o ptesent to the Coweta Court at the bearing January 6, 2011, but would not give. copy to tho Defendant.
The Defendaru. Elisa M. Lowe demanded a copy of chili purported "order," A wcek lalert on Janulry 12t 2011, via
facsimile. Martin E. V.lbticna finaUy leta copy of this Coun's Finai Order. (See Attached January 12. 2011 fax set to
Defendant for the Jaw office of Martin E. Valbuena.)
The transcript exce!pls of the slatements of Judge Baldwin are not a fmal ruling from the
Cowela Superior Court. But Judge Baldwin's initial thOUghts while presiding on this matter is the
cwrent state ofGeorgia law. As directed by Judge Baldwin. the parties have submitted briefs on
this issue. Interestingly,the Plaintiff, by andthrough his attorney ofrecord, MartinE. Valbuena, did
not provide any Slatutory or case law to support his assertion that Coweta County had lost its
continuing and exclusive jurisdiction over the custody matters of the parties.
This Honorable Court has allowed the Plaintiff and his attorney, Martin E. Valbuena to
"home cook" your Defendant, Elisa M. Lowe in the Paulding County Superior Court. Judge
Baldwin ofCowela Superior Court has slated from the bench the proper requirements for venue of
custody matters in this case. Your Defendent shows that this Court has misplaced its trust and
reliance on the assertions of Martin Vll.lbuena, an officer ofthe Court, elected Magistrate, parttime
Probate Judge and part-time Superior Court Judge. The Defendant shows that Martin Valbuena has
prepared Findings and Orders of this Court in this case, without input or review from your
156
__ .->0...,. ..
F

Defendant. These findings and orders that have been issued by this Court have not been the rulings
from the beru:h and Mr. Valbuena refuses to pay any portion of the: transcripts of the proceedings,
or wait for the transcripts to be prepared by the Court Reporter.
Your Defendant has pointed out the misrepresentations of fact and law presented by the
Plaintiff Michael L. Lowe and his attorney of record, Martin E. Valbuena in every pleading and
argument she has presented to this Court. Giving to much credence to Mr. Valbuena, preswnably
beesuse ofbis positions within the Paulding Judicial System, this Court bas ignored the bad acts and
misrepresentations of the Plaintiff in Ibis case. By way of further illustration of this constant
propensity to manufacture facts, your Defendant directs the Court to Martin Valbuena' s statement
10 Judge Baldwin on January 6, 2011:
MR. VALBUENA: Judge, the overwhelming number of these issues that Ms. Lowe has
raised In her petition and the amended petilion have already been decided by other
judges, and there are court orders to that effect. I have them all here for you. All of the
jurisdictional issues that Ms. Lowe raises about what happened In Paulding County, she
raised all ofthose numerous times in Paulding County, and the judge determined that she
had waived those because she didn't bring them properly when she was rapresented by
an attomey there. TheJudge issued. fine on her In this case.
Mr. Valbuena again made ablatent, wholely untrue, totally false and misleading statement,
l1li an offu::er of the court, that this Court had "issued a fine on her in this CIIIIC." Mr. Valbuena hllll
never made It motion or presented argument to this Court Ibat a "fme" would be merited in this case.
This argument hIlS certainly nol been made in open court before a court reporter. Based on this
llllSertion by Mr. Valbuena, your Defendant hIlS made afull review ofIbe case file maintained by the
Paulding Clerk ofCourt. There is no such Order or any other pleading regarding a "fine" against
your Defendant for tiling necessary and proper pleadings in this case. Mr. VaIbuena made this
untrue statement in order to gain an unfair advantage before Judge Baldwin and Willi intended to
impeach and discredit your Plaintiff in an illegitimate and fraudulent manner.
Your Defendant hllll requested Rule 12 sanctions to be assessed against the Plaintiff, Michael
L. Lowe and his attorney, Martin E. Valbuena for bringing this custody action in Paulding County,
Cor maklng faloe statements and other untruthful and iIlegitimllte actions that bave caused your
Defendant Feat. trouble and cxpen..se. your .I>efendant aho"",s. on the official court A:ICOcds.
that Mr. Val buena has again made material misrepresentations to a Superior Court Judge in order
to gain an unfair advantage during the litigation ofthis case. As a licensed attorney has a duty to be
honest and forthright wilb the various Courts ofthe Slate ofGeorgia. As Chief Magistrate, part-time
Probate Judge and part-time Superior Court Judge. Martin Valbuena bas It higher duly, and a higher
expectation from the public, to deal honestly with the Courts. Martin Valbuena hllll not mel any
standard of honesty and integrity in dealing with this and other actions pending before the various
Courts. The time is now for this Court to handle its affairs on this matter or foreverlose the public'S
trust in the judicial system.
157
---

1
FIf. f[) !lJ
i-' 1J1. " 0t:"!}CE
I i
PM?' '.
STATE OF GEORGIA
1/ ". 25
MICHAEL L. LOWE, )
r.:
: -"'{
)
Plaintiff, )
) NO.OSCV-1l24-JO
ELISA M. LOWE, )
)
Defendant. )
NOTICE OF FILING OF COpy OF COURT TRANSCRIPT
COMES NOW, ELISA M. LOWE, the Defendant in the above styled actions and files Ihis
Notice ofFiling of Copy ofCourt Transcript pursuant to Rules of the Superior Court ofGeonga Rule
S.2. "Filing Requirements" and O.C.G.A. 9-1 1-29. I(aX3). As the custodian for the trial transcript
ofa hearing conducted in the Superior Court of Coweta County on January 6, 2011 before the
Honorable Quillian Baldwin, Superior Court Judge, I file a copy of the trial transcript with this
Honorable Court. Said transcript contains relevant evidence, testimony, judicial guidance and
direction that directly bears upon thejurisdictional issue that your Defendant has repeatedly brought
to this Honorable Court's attention. This transcript of the proceedings of January 6, 2011 is
necessary for a pretrial and post-trial matters before the Court and said material has not previously
been filed under some other provision of this O,C.GA 9-11-29,1.
WHEREFORE, the Clerk ofCourt shall file said copy ofthe Coweta Superior Court official
court transcript as plitt ofthe above-captioned case, said document being attached 10 this pleading,
and make it an official part Court Records maintained by the Clerk ofthe Superior Court ofPaulding
County for the above-captioned case.

ProSe
Newnan, OA 30265
(404) 704-7058
159
.I
...
~ -
"'-.,./
......./
Rules lind Law on FWng Depositions and olber Evidenee
Rule S.2. "Filing RequiremenlS" When depositions and other discovery material must be flied with
court; custodian until tiling (I) Depositions and other original discovery material shall not be filed with
Ihe coun unless or unlil required by the provisions ofOCGA 9-11-29.1(8)(1) (5).
9-11-29.1. When depositions and other discovery material must be filed with court; custodian until
tiling
(II) Depositioos and other discovery material otherwise required to be flIed with the court under this
chapter shall not be required 10 be so filed unless:
(\) Required by local rule ofcourt;
(2) Ordered by the court;
(3) Requested by any party to the action;
(4) Relief relating to discovery material is sought under this chapter and said material has nOI
pIeViously been filed under some other provision of this chapter, in which event copies of the
material in dispute shall be filed by the movant contemporaneously with the motion for relief; or
(5) Such material is to be used al lrial or is necessary to a prelrial or posttrial motion and said
material has not previously been filed under some other provision ofthis chapter, in which event the
portioos to be used shall be filed with the clerk of the court at the OUISet ofthe trial or at !be filing
of the motion, insofar as their use can be reasonably anticipated by !be parties having custody
thereof, but a party attempting to file and use such material which was not filed with the clerk at the
outset ofthe trial or at the filing ofthe motion shall show 10 the satisfaction ofthe court, before the
court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use
and that the late filing and use will not constitute surprise or manifest injustice to any other party in
the proceedings.
(b) Until such lima as discovery material is filed under paragraphs (I) through (5) ofsubsection (a)
of this Code section, the original of all depoSitions shall be retained by !be party taking the
deposition and the original of all other discovery material shall be retained by the party requesting
such material, and the person thus retaining the deposition or other discovery material shall be the
custodian thereof.
160

Paulding County Trial Record Part One

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Paulding County Trial Record Part One

Hochgeladen von

Copyright:

Verfügbare Formate

--

STATE OF GEORGIA <." A3

Please fax or mail to the above address

Das könnte Ihnen auch gefallen