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~
TREVA W. SHELTON
PAULDlNGCOUNTY CLERKOF SUPEIUORCOURT
280 COMST1TUTlDN BI.YO. ROOM 1023 DAllAS. GA 30132
August 31, 2011
Elisa L. Smith
279 Crossroads EST Dr
Newnan Ga 30265
Appeals Case Number: AI1A2129
Superior Court File Number: 08-CV-1124-JO
Case of: Michael L. Lowe
Vs.
Elisa L. Smith
Mrs. Smith:
I have forwarded to the Court of Appeals by certified mail on 9/1/2011
the attached record, which this is your copy for your records.
If you have any further questions please don't hesitate to contact me at
678-224-4336 or by email athomason@paulding.gov.
With kind regards,
f.b ]1omas:
Amanda Thomason
Senior Deputy Clerk
Paulding Superior Court
TitBVA w..8bLroN
PAULDING COUNTY CLDlCOFSUPERIORCOURT
780 ClJNSTlTUTION BLVD. ROOM 1073 DALLAS.GA 30137
August 31,2011
State of Georgia
Court of Appeals
47 Trinity Avenue
Suite 501
Atlanta GA 30334
Appeals Case Number: A11A2129
Case of: Michael L. Lowe
Vs.
Elisa L. Smith
To Whom It May Concern:
Please find the attached Supplemental Record to Civil Action File Number
08-CV-1124-JO, Michael L. Lowe Vs. Elisa L. Smith. This record should
have been included with the original record for page 6 (Exhibit "A" which
should have been attached to the complaint but was not filed by the
Plaintiff's attorney) and original record for page 58-61 (Certificate of
Service which should have been filed along with the Minor's Child
Election but was not filed by the Plaintiff's attorney).
If you have any further questions please don't hesitate to contact me at
678-224-4336.
With kind regards,

Amanda Thomason
Senior Deputy Clerk
Paulding Superior Court
---
THE COURT OF APPEALS
OF GEORGIA
SUPPLEMENTAL INDEX TO RECORD
IN THE CASE OF
MICHAEL L LOWE, Plaintiff
VS.
ELISA L SMITH, Defendant
08-CV -001124-JO
ATTORNEY(S) FOR PLAINTIFF
MARTIN E V ALBUENA
POBOX 1125
DALLAS, GA 30132
770-443-2204
FAX 770-443-6613
GA. STATE BAR NUMBER 723164
ATTORNEY(S) FOR DEFENDANT
CERTIFICATE OF SERVICE
Filed August 26th, 2011
1
CERTIFICATE OF SERVICE
Filed August 26th, 2011
2
EXHIBIT "A"
Filed August 26th, 2011
3
-;
Or
IN THE SUPI!RIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
MICHAEL L. LOWE,
*
*
Plaintiff,
*
* CIVIL AcnON FILE
v.
*
*
NO.: 08-CV-1124-l0 ... ,,'
... t;.T
EUSA M. LOWE,
*
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Defendant.
*
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CERDFICATE OF SERVICE
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I hereby certify that I served copies of the Minor Child Elections of Zachary
Thomas Lowe and Evan Michael Lowe on Defendant Elisa Lowe via email on July 16,
2010 as follows: elisa404@gmall.com
l
.r
tl
,
This _ day of August 2011.
Martin Enrtque Valbuena, P.C.
Martin Enrique Valbuena
Georgia Bar No.: 723164
Attorney for Plaintiff
113 Village Walk, Ste. B
P.O. Box 1125
Dallas, Georgia 30132
(770) 443-2204
Fax (770) 443-6613
1
.. ..
,

CERDFJCAD OF semeE
I hereby certify that I have this day served a copy of the foregoing pleading
upon all counsel of record in this matter by pladng a copy of same in the United
States Mall with sufficient postage affixed thereon to ensure delivery as follows:
Ms. Elisa Lowe
279 Crossroads Estates Drive
Newnan, Georgia 30265
1r*'
lh1s _ day of August 2011.
113 Village Walk, Ste. B
P.O. Box 1125
Dallas, Georgia 30132
(nO) 443-2204
MARTIN ENRIQUE VALBUENA
Georgia State Bar No.: 723164
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3
IN THE SUPERIOR COURT OF COWETA COUNIY
STATE OF GEORGIA
,.
MICHAEL L. LOWE,
Plaintiff.
CIVIL ACnON
v. FILE NO. Q4..v-32
ELISA L..SMITH.,
Defendant
FINAL ORDER
The above styled matter having come on for a specially set final hearing, on April 12,
2005, both parties appearing with counsel, upon consideration of evidence. it is ordered and
adjudged as follows:
The parties shall share joint legal and joint physical custody of the parties' minor
children, Zachary Thomas Lowe, born May 7. 1995; and, Evan Michael Lowe, born July 9,
1997. Effective immediately Plaintiff shall be entitled to physical custody ofthe minor children
and continuing through the first full week after school recesses for the 2004- 2005 school tenn
During Plaintiff's custody period Defendant shall be entitled to overnight visitation with the
minor children every Wednesday from the time school is released until the next day at which
time she shall return the children to school and alternating weekends from 6:00 p.m. on Friday
until 6:00 p.m. on Sunday.
Defendant shall pay twentyfive percent (25%) ofher gross income from all sources to
Plaintiffas child support until the end ofthe 20042005 school year. Said support shall payable
. beginning on April 12, 2005 and continuing weekly ~ r e a f t e r .
Beginning one week tbllowing the children's release from school for the summer break
of2oo5, Defendant shall have physical custody of the minor children. Plaintiff shall be entitled
4

to visitation on Wednesday until Thursday morning. plaintiffshall give DefCDilaat DOIic:c of
when he will retrieve the children for such visitation and when he will return the children.
Plaintiff shall further be entitled to alternating weekends from 6:00 p.m. on Friday until 6:00
p.m. on Sunday. Plaintiff shall also be entitled to a full week ofvisitation at the beginning of
the summer break, and a full week ofvisitation at the end ofthe SlImmer break. Plaintiffshall
give Defendant fourteen (14) days notice of said visitation. Plaintiff shall not pay child support
during the summer 2005 break.
Beginning with the 2005-2006 school tenn, Defendant shall have physical custody of the
minor children. Plaintiffwill be entitled to over-night visitation every Wednesday from the time
school is release until the start of school on Thursday and on alternating weekends from 6:00
p.m. on Friday until 6:00 p.m. on Sunday. Plaintiffshall make decisions with regard to sports
and extracwricu1ar activities. Defendant shall cooperate and participate in said activities.
Neither party shall be excluded from attending or participating in the children's activities.
Beginning the first week after school resumes Plaintiff shall pay child support to
Defendant during the 20052006 school year in an amount equivalent to twenty-five percent
(25%) of his gross income from all sources. Said support shall be due and payable beginning the
Friday following the start of school and continuing each and every Friday thereafter.
Beginning the first week after school is released at the end ofthe 2005-2006 school year;
Plaintiff shall have physical custody of the minor children. Defendant shall be entitled to over
night visitation every Wednesday and alternating weekends from 6:00 p.m. on Friday until 6:00
p.m. on Sunday. Defendant shall also be entitled to a full week of visitation at the beginning of
the summer break, and a full week of visitation at the end ofthe summer break. Defendant shall
give to Plaintiff fourteen (14) days notice of said visitation. Defendant shall pay to Plaintiff
5
cbDd SIIJIPOIl in the amount oftwenty-6ve percent (25%) ofb gross income. Said support shII1
,be doe and payable the Friday following receipt ofcustody ofthe ehild and sbalI be doe and
payable each and every Friday thereafter.
During each child's minority, the Mother shall have an affirmative and continuing duty to
notify the Father ofher residential address, residential: telephone number, and a telephone
number where she may be reached in the event of an emergency.
During said child's minority, the Father shall kave an af'firmative and continuing duty to
notify the Mother ofhis residential address, residential telephone number, and a telephone
number where he may be reached in the event of an emergency.
The parties shall alternate legal holidays each year. During Thanksgiving, 2005, Plaintiff
shall have the kids for three days from the time school recesses for Thanksgiving break until
Friday at 6:00 p.rn. Plaintiff shall have the cbiJdren for one week at Christmas beginning the day
the school recesses for Christmas until 12:00 p.m. noon on December 26,2005. Defendant shall
be entitled to have the children from non on December 26
tl1
and continuing until 6:00 p.m.ofthe
seventh consecutive day.
For Spring Break. Plaintiffshall have from the time school is released for said break until
noon on Wednesday and Defendant shall have the children from noon on Wednesday until 6:00
p.m. on Sunday. The parties win alternate Thanksgiving, Christmas and Spring Break: each year
acconling to this schedule. The parties shall alternate all other legal holidays including Labor
Day, July 4
111
, Memorial Day, Martin Luther King Day and the like. All other visitation set out
in the Final Judgment and Decree ofDivorce shall remain in effect.
Each party shall provide the other with proof of income from all sources upon payment of
the child support obligation upon payment ofsaid child support
6
,
i
II!
On Defendant's counterclaim for contempt, Plaintiff shall not be liable for back child
support prior to the entry ofthe herein order.
IT IS SO ORDERED, this the _____day _____, 2005, nunc pro tunc
to April 12, 2005.
The Honorable Byron Smith
Senior Judge, Superior Court ofCoweta County
Prepared by:
Delia T. Crouch
Attorney for Plaintiff
GA State Bar No. 198353
Approved as to Form and Content:
OusL. Wood
Attorney for Defendant
GA State Bar No. 774200
7
IN mE SUPERIOR COURT OF COWETA COUNlY
STATE OF GEORGIA
MICHAEL L. LOWE,
Plaintiff,
CIVIL ACTION
v. FILE NO. 04-v-32
ELISA L. SMITH,
Defendant.
CERTIFICATE OF SERVICE
This is to certify that I have 1his day servedthe foregoing "FINAL ORDER" by mailing a
copy ofsame in the United States mail in an envelope with sufficient postage attached thereto
and addressed to:
Gus L. Wood, Esquire
. Wood, Odorn & Edge, P.A.
15 Jefferson Street
Post Office Drawer 1608
NeWllllll. Georgia 30264
This Ihe ____day of_____-', 2005.
DELIA T. CROUCH
Attorney for Plaintiff
GA State Bar No. 198353
8
GEORGIA,J-__P_AU_L_DI_NG_____COUNTY
I hereby certify that the foregoing pages hereto attached contain the original, or a copy of the Notice of Appeal and Designation
of Record by Appellee together with a true and complete copy of those portions of the record in the case of
MICHAEL L LOWE
Appellant
Vs.
ELISA L SMITH
Appellee
required by the said Notice of Appeal and Designation of Record by Appellee to be transmitted to the Supreme Court ofGeorgia
Witness my signature and the seal of Court affixed
thi' t h ~ of AUGUST. c
I J J . ~
-
Clerk Superior Court, PAULDING
County, Ga.
(NOTICE: Strike out Designation of Record by Appellee if not applicable.)