TRIAL COURT OFFICIAL'S REQUEST FOR EXTENSION OF TIME TO FILE RECORD FILED IN

12th COURT OF APPEALS TYLER, TEXAS 9/11/2015 11:14:13 AM Court of Appeals No. (Ifknown): .;: ;.1=.2_-_1_5__-_0_0_2_2_2_ _-_C_V_ PAM ESTES Clerk Trial Court Style: Josette Newberry and Monica Newberry vs. Debbie Tarver, et al · I C ourt & C ount y: 1st Judicial District of San Augustine T' Tna naI C ou rt N 0.: CV-12 - 9397 Date Trial Clerk's Record Originally Due: September 1, 2015 Date Court Reporter's/Recorder's Record Originally Due: September 1, 2015 Anticipated Number of Pages of Record: unknown J am responsible for preparing a record in this appeal but J am unable to file the record by the original due date for the following reason/s: (Check all that apply - attach additional pages if necessary.)

D to the best of my knowledge, the Appellant has made no claim of indigence and has failed to either pay the required fee or to make arrangements to pay the fee for preparing the record.

D my duties listed below preclude working on this record: 11'1 Other. (Explain.): Please see attached

• •• • th f aI b December 1,2015 J anticIpate thIS record wdl be completed and forwarded to the 12 Court 0 Appe s y _ _ _ _~ and I hereby request an additional 90 days within which to prepare it. TEX. R. ApP. P. 37.3.

In compliance with TEX. R. ApP. P. 9.5{e), I certify that a copy of this notice has been served on counsel for all parties to the trial Court's judgment or order being appealed. I further certify by my signature below that the information contained in this notice is true and within my personal knowledge.

September 11, 2015 Date Signature 936-275-2231 Office Phone Number Printed Name Carmen Brown [email protected] E-mail Address (if available) Official Title Chief Deputy Trial Clerk's/Court Reporter's Request for Ext/12th CA-CsUTyler/12-3-97IRev.5-3-2001 TEXAS RULE OF ApPELLATE PROCEDURE 9.S(e) reads: Certificate requirements. A certificate ofservice must be signed by the person who made the service and must state:

(] ) the date and manner of service; (2) the name and addresses of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney.

The following parties have been served with a copy of this document: (Infonnation may be either printed or typed.)

Lead Counsel for ApPELLANT(S): Lead Counsel for ApPELLEE(S):

Name: Julie Conn Name: Thomas R. McLeroy, Jr. N.Texas St. Address: Address: P.O. box 669 Hemphill, TX 75948 Center, TX 75935 Phone no.: _409-787 _____ -1356 _ _ _ _ _ __ Phone no.: 936-598-2701 Attorney Debbie Tarver Attorney for: Josette Newberry & Monica Newberry

Lead Counsel for ApPELLANT(S): Lead Counsel for ApPELLEE(S): Name: Address:_ _ _ _ _ _ _ _ _ _ _ __ Address:

Phone no.: _ _ _ _ _ _ _ _ _ _ _ __ Phone no.: Attorney Attorney for: Thomas R. McLeroy, Jr.

Additional infonnation, if any: CAUSE NO. CV-12-9397

JOSETTE NEWBERRY & IN THE DISTRICT COURT MONICA NEWBERRY OF VS. SAN AUGUSTINE COUNTY, TEXAS DEBBIE TARVER REASONS FOR REQUEST FOR EXTENSION OF TIME 1. Notice of Appeal was not filed until August 24, 2015.

2. Designation of Clerk's Record was not filed until August 27, 2015.

3. Faxed Notice to Julie Conn, Attorney, that the clerk needed a list of specific documents in order to prepare clerk's record.

4. Amended Designation of Clerk's Record was received August 28, 2015.

5. There is only the District Clerk and the Chief Deputy Clerk that work in this office.

We need this additional time to prepare these documents for the Appeals Court.

Sincerely,

Carmen Brown, Chief Deputy CV-12-9397

Debbie Tarver In the District Court Vs. of Josette Newberry & San Augustine County, Texas Monica Newberry

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing document has been served via fax on this the 11 th day of September, 2015, on: Julie Conn Texas Street Hemphill, Texas 7948 ATTORNY FOR APPELLANT Fax No. 409-787-1928 Thomas R. McLeroy, Jr. PO Box 669 Center, Texas 75935 ATTORNEY FOR APPELLEE Fax No. 936-598-6086

('C~·'CU VL '--. ') 6:.~'c ()u-J~ Carmen Brown, Chief Deputy . FIL~f.)

At] :;;;. G ..') C '-h ~~i. .. ~rJt(g: M ~r aJ '-.s.::. ­ CU'Ill:S ECicr."t ~ .

NO • CV- 12- 9397 JOSETTE NEWBERRY AND MONICA NEWBERRY, Plaintiffs § § IN THE DISTRICT COURT - SAN /,! 1Gt:~~ BY'" ••. ~ "'~~I'U C~1 Il •• }2,"S -­ § VS. § lst JUDICIAL DISTRICT § § § DEBBIE TARVER, et ai, Defendants § SAN AUGUSTINE COUNTY, TEXAS NOTICE OF APPEAL This Notice of Appeal is filed by Debbie Tarver, Respondent, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order.

1. The trial court, cause number, and style of this case are as shown in the caption above.

2. The judgment or order appealed from was signed on November 10, 2014 and May 15,2015.

3. Debbie Tarver desires to appeal from the judgment that there was no informal marriage between Defendant Debbie Tarver and Decedent Gary Newberry and the granting of the summary judgment that Chana Piletere was not the biological daughter of decedent Gary Newberry.

4. This appeal is being taken to the Tenth Court of Appeals.

5. This notice is being filed by Debbie Tarver and Chana Piletere.

Respectfully submitted, Julie L. Conn, Attorney at Law, PLLC 107N. Texas St. Hemphill, TX 75948 Tel: (409) 787-1356 Fax: (409) 787-1928

[email protected] Attorney for Debbie Tarver

Certificate of Service I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Josette Newberry and Monica Newberry Willenberg Lead attorney: Thomas R. McLeroy, Jr. Address of service: P.O. Box 668, Center, Texas 75935 Method of service: FAX: 936-598-6086 Date of service: August 24, 2015 NO. CV-12-9397

JOSETTE NEWBERRY AND § IN THE DISTRICT COURT MONICA NEWBERRY, Plaintiffs § § VS. § Ist JUDICIAL DISTRICT § § § DEBBIE TARVER, et aI, Defendants § SAN AUGUSTINE COUNTY, TEXAS

PLAINTIFFS' DESIGNATION OF ITEMS TO BE INCLUDED IN CLERK'S RECORD TO: JEANNIE STEPTOE, SAN AUGUSTINE COUNTY DISTRICT CLERK, 202 COURTHOUSE, SAN AUGUSTINE, TEXAS 75972 Under Texas Rule of Appellate Procedure 34.5, Plaintiffs Debbie Tarver and Chana 1. Piletere files this designation of items to be included in the Clerk's Record in the appeal of the final judgment in the above case.

Request for Mandatory Items Plaintiffs designate the following mandatory items specified in Texas Rule of Appellate Procedure 34.5 for inclusion in the sworn record: 1. all pleadings on which the summary judgment proceedings were held; 2. the court's docket sheet; 3. the court's order that is being appealed namely, the Final Judgment dated January 10, 2007; 4. any post-order motions and the court's orders thereon; 5. all notices of appeal; and 6. all requests for preparation of the Clerk's Record.

Request for Additional Items In addition, Plaintiffs designate the items listed below, all of which are specifically described to make them readily identifiable: 8129/2012 Plaintiffs Original Petition 10/28/2013 Defendant's Original Answer

Under Texas Rule of Appellate Procedure 37.3, Plaintiff Deborah Tarver Singleton will pay for the preparation of the Clerk's Record.

Respectfully submitted, Julie L. Conn, Attorney at Law, PLLC N. Texas S1.

Hemphill, TX 75948 Tel: (409) 787-1356 Fax: (409) 787-1928

[email protected] Attorney for Debbie Tarver

Certificate of Service I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Josette Newberry and Monica Newberry Willenberg Lead attorney: Thomas R. McLeroy, Jr. Address of service: P.O. Box 668, Center, Texas 75935 Method of service: FAX: 936-598-6086 Date of service: August 25, 2015

NO. CV-12-9397

JOSETTE NEWBERRY AND § IN THE DISTRICT COURT MONICA NEWBERRY, Plaintiffs § § VS. § 1st ,JUDICIAL DISTRICT § § § DEBBIE TARVER, et ai, Defendants § SAN AUGUSTINE COUNTY, TEXAS

PLAINTIFFS' REQUEST FOR COURT REPORTER'S RECORD TO: JEANNIE STEPTOE, SAN AUGUSTINE COUNTY DISTRICT CLERK, 202 COURTHOUSE, SAN AUGUSTINE, TEXAS 75972 Under Texas Rule of Appellate Procedure 34.6, Plaintiffs request the official court reporter to prepare the Reporter's Record. The portions of the proceedings to be included are as follows

Hearing on September 25,2014 including all exhibits

Hearing on November 7, 2014 including all exhibits

Final Hearing on March 27, 2015 including all exhibits

Under Texas Rule of Appellate Procedure 37.3, Plaintiffs accept responsibility to pay for the preparation of the court Reporter's Record and is willing to pay the court reporter's fee for preparing the record.

Respectfully submitted,

Julie L. Conn, Attorney at Law, PLLC N. Texas S1.

HemphiII, TX 75948 Tel: (409) 787-1356 Fax: (409) 787-1928 onn State I No. 24036331 [email protected] Attorney for Debbie Tarver

Certificate of Service I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Josette Newberry and Monica Newberry Willen berg Lead attorney: Thomas R. McLeroy, Jr. Address of service: P.O. Box 668, Center, Texas 75935 Method of service: FAX: 936-598-6086 Date of service: August 25, 2015 COVER'SHEET

FROM: DISTRICT CLERK , SAN AUGUSTINE COUNTY , FAX: (936) 275-2389 "\ ,PAGES (INCLUDING COVER) .. (.' ("-. c\ ,----:.x, \a"-~L~' ~~,( \'\.C'~\:v"''"~ ~\.-(t:~ -:).c <.:,-" \'(" ,L .7, .'-' , ' . ' ,.:.( \, ~(~(~, '~~\..~(>_~'':\C~'. .&t.c '-.,,-\1'(:'.. e,'\ '-\t:"'->-· CC" .,\; . .~. . .. -'r ~\1.'_. . -' ~)~:.~' . ,.\ ,\c,:, . \\,...<:- . ((.'1\." - , , " <-::'" \ \.t'" \:: I . . ' (;:" . ).' YV" ()' ., c"-~ ,<Q.l~ <'.)1 .

Send Result Report ~ K!::I[I[ERa MFP 08/2712015 11:52 Firmware Version 2LC_2FOO.009.018 2014.12.05 [?l UOOO. 010.001) [2K9_1100002.001] [2LUOOO. 009.012] ~1mi:~tm:mi:i:n;;:'inmi::):;:::'i::'··':':·· . ,. .

Job No.: 042094 Total Time: 0°00'09" Page: 001

Complete Document: doc04209420150827115132

..

TO: . . "

FROM: DI·STRI T CLERK No. Date and Time Destination Times Type Result Resolution/[eH 001 08/27/15 115? 4097871928 0°00 '09" FAX OK 200xlOO Normal/On

[ N2P1902214 I NO. CV-12-9397

JOSETTE NEWBERRY AND § IN THE DISTRICT COURT MONICA NEWBERRY, Plaintiffs § § VS. § 1st JUDICIAL DISTRICT § § § DEBBIE TARVER, et ai, Defendants § SAN AUGUSTINE COUNTY, TEXAS

PLAINTIFFS' FIRST AMENDED DESIGNATION OF ITEMS TO BE INCLUDED IN CLERK'S RECORD

TO: JEANNIE STEPTOE, SAN AUGUSTINE COUNTY DISTRICT CLERK, 202 COURTHOUSE, SAN AUGUSTINE, TEXAS 75972 Under Texas Rule of Appellate Procedure 34.5, Plaintiffs Debbie Tarver and Chana 1. Piletere files this designation of items to be included in the Clerk's Record in the appeal of the final judgment in the above case.

Request for Mandatory Items Plaintiffs designate the following mandatory items specified in Texas Rule of Appellate Procedure 34.5 for inclusion in the sworn record: 1. all pleadings on which the summary judgment proceedings were held; 2. the court's docket sheet; 3. the court's order that is being appealed namely, the Final Judgment dated January 10, 2007; 4. any post-order motions and the court's orders thereon; 5. all notices of appeal; and 6. all requests for preparation of the Clerk's Record.

Request for Additional Items In addition, Plaintiffs designate the items listed below, all of which are specifically described to make them readily identifiable: 8/29/2012 Plaintiff s Original Petition 10/28/2013 Defendant's Original Answer First Amended Petition 11110/2014 Judgment Letter Motion for New Trial Findings of Fact and Conclusions of Law Final Judgment

Under Texas Rule of Appellate Procedure 37.3, Plaintiff Deborah Tarver Singleton will pay for the preparation of the Clerk's Record.

Respectfully submitted, Julie L Conn, Attorney at Law, PLLC ] 07 N. Texas St. Hemphill, TX 75948 Tel: (409) 787-1356 Fax: (409) 787-1928

i, ~, " I [(-; ~I / By: i /1-- """' \'J~-- Julie L<\onn State B~No. 2403633] j ul [email protected] Attorney for Debbie Tarver

Certificate of Service I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Josette Newberry and Monica Newberry Willenberg Lead attorney; Thomas R. McLeroy, Jr. Address of service: P.O. Box 668, Center, Texas 75935 Method of service: FAX: 936-598-6086 Date of service: August~, 2015

Send Result Report ~ K!:IDCERa MFP 09111/2015 10:50 Firmware Version 2LC 2FOO.009.018 2014.12.05 [2lC_1000.010.001] [2K9_1100.002.001J [2LC_7000.009.012]

Job No.: 042514 Total Time: 0°00'31" Page: 004

Complete Document: doc042514201509111 04941

TRIAL COURT' OFFICIAL '8 REQUEST FOR EXTENSION OF TIME TO FILE RECORD

Court of Appeals No. (Ifknown): =12=--- 1_5_ _-_0_0_2_2_2_ _~ _C_V_ Trial Court Style: Josette Newberry and Monica Newberry VB. Debbie Tarv~r, et al Trial Court & County; 1st Judicial District of San Augustine Trial Court No.; CV-12-9397 Date Trial Clerk's Record Originally Due: September 1, 2015 Date Court Rc:porter'slRecordets Record Originally Due: September 1, 2015 Anticipated Number ofPa~s of Record: unknown I am respoJ18ible for preparing a record in this appMI but] am unable to file the record by the original due date for the following reasonls: (Check an that apply - e.t1aah addJUonal pagHS If ner-.e~ary.)

No. Date and Time Destination Times Type Result Resol ution/ECH ----------------­ 001 09/11115 10504097871928 0°00'31" FAX OK 200x100 Normal/On

[ N2P190221d ] Send Result Report ~ K!::I[][ERa MFP 09111/2015 1051 Firmware Version 2LC 2FOO.009.018 2014.12.05 [2LC_1000,010.001] [2K9_11 00,002,001] [2LC JOOO. 009, 012J

Job No.: 042515 Total Time: 0°00'24" Page: 004

Complete Document: doc04251520150911105008

TRIAL COURT OFFICIAL'S REQUEST FOR EXTENSION OF TIME TO FILE RECORD

CI>UI1 of Appeals No. ([fknown); 12 - 15 . . 00222 .. CV Trial Court Style: Josette Newberry and Monica Newberry vs. Debbie Tarver. at al Trial Court & County; 1st JUdicial District of San Augustine Trial Court No.: cv~ l2 - 939?

Date Trial Clerk's Record Originally Due: September 1, 2015 Date Court ReporterslR.ecorder's Record Originally Due: September 1, 2015 Anticipated Number of Pages of Record: unknown I,am responsible for propelring a record in this appeal but) am nnable to file the record by the original due date for the following reasonls: (Check all that apply. attach additional pages if neoess~lIY.)

No. Date and Time Destination Times Type Result Resolution/ECH 001 09111115 10.515986086 0°00'24" FAX OK 200x100 Normal/On

[ N2P1902214 ]