2700 CLUB RIDGE DRIVE SUITE 20 LEWISVILLE TEXAS 75067 TEL: 972-822-5388 FAX: 972-499-1041 EMAIL: MALONISLAW@GMAIL.COM April 10, 2010 The Hon. Judge Barbara Walther 51 st Judicial District Court Schleicher County, Texas Sitting in Tom Green County Ms. Irene Devore Court Administrator 51 st Judicial District Court Via Fax 325-658-8046 RE: In the Interest of Jessop Children; Cause No. 3028, Schleicher County, Texas To the Hon. Judge Barbara Walther: Enclosed please find Motion for Other Substituted Service, which was filed on April 9, 2010 in Schleicher County in Cause No. 3028. Also included on the last page is a proposed order allowing alternate service of citation and pleadings on Merril Jessop by service on Mr. Jessop’s attorney, Amy Hennington. Since we are scheduled for a hearing on Thursday, April 15, 2010, it is critical that the order be signed as early as possible on Monday morning in order to effectuate proper service in time for the hearing. As a matter of practicality, all parties were given notice of the hearing as soon as the Court issued its Order to Appear and Show Cause. The pleadings themselves were faxed to all parties or counsel as soon as they were filed in early March. The parties and attorneys have had plenty of actual notice. However, Merril Jessop is not amenable to personal service because he cannot be located. Without the attached order authorizing substituted service, we would have no recourse against Merril Jessop if he fails to appear on the 15 th , a likely eventuality if Mr. Jessop can avoid participating without consequence. My client, Carolyn Jessop, is traveling from out of state at considerable expense to attend the hearing, and has had to make extensive provisions for the care of her six minor children while she is traveling. I am traveling from the Dallas-Fort Worth Metroplex to appear at the hearing, which necessitates two full days of traveling to the detriment of my practice. Because of the great time and
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2700 CLUB RIDGE DRIVE SUITE 20 LEWISVILLE TEXAS 75067
April 10, 2010 The Hon. Judge Barbara Walther 51st Judicial District Court Schleicher County, Texas Sitting in Tom Green County Ms. Irene Devore Court Administrator 51st Judicial District Court Via Fax 325-658-8046 RE: In the Interest of Jessop Children; Cause No. 3028, Schleicher County, Texas
To the Hon. Judge Barbara Walther: Enclosed please find Motion for Other Substituted Service, which was filed on April 9, 2010 in Schleicher County in Cause No. 3028. Also included on the last page is a proposed order allowing alternate service of citation and pleadings on Merril Jessop by service on Mr. Jessop’s attorney, Amy Hennington. Since we are scheduled for a hearing on Thursday, April 15, 2010, it is critical that the order be signed as early as possible on Monday morning in order to effectuate proper service in time for the hearing. As a matter of practicality, all parties were given notice of the hearing as soon as the Court issued its Order to Appear and Show Cause. The pleadings themselves were faxed to all parties or counsel as soon as they were filed in early March. The parties and attorneys have had plenty of actual notice. However, Merril Jessop is not amenable to personal service because he cannot be located. Without the attached order authorizing substituted service, we would have no recourse against Merril Jessop if he fails to appear on the 15th, a likely eventuality if Mr. Jessop can avoid participating without consequence. My client, Carolyn Jessop, is traveling from out of state at considerable expense to attend the hearing, and has had to make extensive provisions for the care of her six minor children while she is traveling. I am traveling from the Dallas-Fort Worth Metroplex to appear at the hearing, which necessitates two full days of traveling to the detriment of my practice. Because of the great time and
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2700 CLUB RIDGE DRIVE SUITE 20 LEWISVILLE TEXAS 75067
expense involved, my client and I very strongly urge the Court to enter the proposed order for substituted service so that we may effectuate service and proceed with the hearing on the 15th as scheduled and ordered. I can be available at the lunch hour on Monday and after 2:00 PM if the Court wishes to hold a teleconference with the attorneys. I can be reached at 972-822-5388. I will also be available by email at [email protected] if the Court wishes to advise of a particular time to be available for a phone conference. By copy of this letter, I intend to provide Ms. Hennington an opportunity and invitation to make a response to my request for substituted service. Ms. Hennington was served with a copy of the motion and attachments at 4:35 this afternoon. Please do not hesitate to contact me if there are any questions or the need for additional information. Regards,
Natalie E. Malonis Cc: Amy Hennington, via fax Enc.
______________________________________________________________________________ MOTION FOR OTHER SUBSTITUTED SERVICE PAGE 1
NO. 3028
IN THE INTEREST OF § IN THE DISTRICT COURT § ARTHUR JESSOP, BETTY JESSOP, LUANNE JESSOP, PATRICK JESSOP, MERRILEE JESSOP, ANDREW JESSOP, BRYSON JESSOP AND HARRISON JESSOP
§ § § § §
51ST JUDICIAL DISTRICT
§ CHILDREN § SCHLEICHER COUNTY, TEXAS
MOTION FOR OTHER SUBSTITUTED SERVICE This Motion for Other Substituted Service is brought by Carolyn Jessop, Petitioner, who
shows in support:
1. Attached is the affidavit of Natalie Malonis, stating facts showing that service of
citation by publication on Frederick Merril Jessop is authorized.
2. On April 7, 2010, I sent a fax to Amy Hennington, attorney for Merril Jessop, a copy of
the Court’s Order to Appear and Show Cause. I also included a letter asking if Ms. Hennington
would agree to accept service on behalf of Merril Jessop and waive citation. I asked further if Ms.
Hennington would accept service by facsimile of subpoenas duces tecum directed at Merril Jessop
and Ms. Hennington and requested that she waive citation directed at Ms. Hennington in connection
with the Application for Turnover in which she is named as a third-party defendant. I received no
reply. Citation has now been issued for Amy Hennington, and process will be served as provided in
the Texas Rules of Civil Procedure. A copy of the letterand fax confirmation are attached hereto as
Exhibit A. A copy of the Subpoenas to Compel Production of Documents and Tangible Things is
attached hereto as Exhibit C.
3. A method of service as likely as publication to give Frederick Merril Jessop actual
CertificateofService
I certify that on April 9, 2010, I served a true and correct copy of theforegoingMotionforOtherSubstitutedServiceonAmyHenningtonatFaxNumber325‐482‐8064. ______________________________________________ NatalieMalonis
NO. 3028
IN THE INTEREST OF § IN THE DISTRICT COURT § ARTHUR JESSOP, BETTY JESSOP, LUANNE JESSOP, PATRICK JESSOP, MERRILEE JESSOP, ANDREW JESSOP, BRYSON JESSOP AND HARRISON JESSOP
§ § § § §
51ST JUDICIAL DISTRICT
§ CHILDREN § SCHLEICHER COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF MOTION FOR OTHER SUBSTITUTED SERVICE Natalie Malonis appeared in person before me today and stated under oath:
"My name is Natalie Malonis. I am above the age of eighteen years, and I am fully
competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge
and are true and correct.
"I am the attorney of record for Carolyn Jessop, Petitioner, in this case.
“Citation was issued to Frederick Merril Jessop on an Application for Turnover and a Motion
for Enforcement on March 30, 2010 by the Schleicher County District Clerk and forwarded to the
Schleicher County Sheriff’s office.
“On April 1, 2010, I received a phone call from Deputy Sheriff, George Arispe. Deputy
Arispe informed me that he had the Citation in hand, but had been unable to accomplish service
upon Merril Jessop. Deputy Arispe informed me that he had attempted service at the location known
as the YFZ Ranch on several occasions, and on each occasion civil process was attempted, such
attempts failed. The YFZ Ranch is Frederick Merril Jessop’s address of record with this court.
The YFZ Ranch is a gated and secured communal residential compound, and the only point of access
is a locked gate at the front of the property approximately one mile from the residential structures.
Deputy Arispe informed me that each time he attempted service at the YFZ Ranch, he was met by
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Exhibit A
unknown young men at the gate who in each case stated that the person to whom citation was issued
was not present. Having made numerous attempts in the past, Deputy Arispe informed me that
there was virtually no possibility of serving citation on Merril Jessop at the YFZ Ranch.
“Deputy Arispe further informed me that it was believed within the law enforcement
community that Frederick Merril Jessop was in hiding and no longer resided at the YFZ Ranch.
“I asked Deputy Arispe to deliver the citation to Texas Ranger Lieutenant Brooks Long, who
had previously stated to me that he would be able to serve Merril Jessop.
“On the afternoon of April 1, 2010, I received a call from Schleicher County Sheriff David
Doran informing me that he had delivered the citation to the office of Texas Ranger Lieutenant
Brooks Long.
“On April 2, 2010, I left a message for Ranger Long and asked him to confirm that he
received the citation and could have Merril Jessop served for a hearing on April 15, 2010.
“On April 5, 2010, I spoke with Ranger Long, who told me he would not be able to have
Merril Jessop served prior to April 15, 2010. I informed Ranger Long that I would attempt to obtain
an order for substituted service on Amy Hennington of Hennington, Butler & Jones, attorney of
record for Merril Jessop.
“On April 7, 2010, I received a phone call from DPS Trooper Matthews who informed me
that he received the citation from Ranger Long for service on Amy Hennington. At that point I had
not yet gotten an order for substituted service. I instructed Trooper Matthews to serve the citation
on Amy Hennington, which he did do. Trooper Matthews delivered his Officer’s Return to the
court coordinator for Judge Walther on April 7, 2010. Trooper Matthews faxed me his signed
Officer’s Return, which will be filed with the Schleicher County District Clerk.
“On April 7, 2010, I faxed a copy of the citation and its attached orders, as well as subpoenas
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FACSIM ILE TRANSM ITTAL SHEET
TO: FROM:
DATE: FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
SENDER’S PHONE NUMBER
940-580-4295 RE: SENDER’S FAX NUMBER
972-499-1041
URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY
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Exhibit B
2700 CLUB RIDGE DRIVE SUITE 20 LEWISVILLE TEXAS 75067
April 7, 2009 Ms. Amy Hennington Attorney at Law Hennington, Butler & Jones, PLLC Via Fax 325-482-8064 RE: ITIO Jessop Children; Cause No. 3028
Dear Ms. Hennington: On March 7, 2010, I served the following to you via facsimile:
1. Application for Turnover; and 2. Motion for Enforcement and Contempt.
The Court has set a hearing on the above matters for April 15, 2010 at 2:00 p.m. in Courtroom C of the Tom Green County courthouse in San Angelo. I have attached a copy of the Order to Appear and Show Cause in case you did not receive a copy from the District Clerk. The Application for Turnover was directed at your client, and it was also directed at you as trustee of funds belonging to and held in trust for Merril Jessop. Citation was issued to Merril Jessop on both the Application for Turnover and Motion for Enforcement, but deputies have been unable to accomplish service at Mr. Jessop’s residence. DPS officer Tommy Matthews will deliver citation to you today as Merril Jessop’s agent, and I will seek an order from the court authorizing the substituted service unless you agree to accept citation on Mr. Jessop’s behalf. Please consider that any additional attorney’s fees Carolyn Jessop incurs in securing an order for substituted service will likely be assessed to your client and made a judgment in addition to the judgment for attorney’s fees previously granted. For the sake of convenience and economy, I am requesting that you seek the necessary authority from your client to accept citation on his behalf. I am further requesting that you acknowledge the receipt of the Application for Turnover by fax and agree to waive issuance of citation directed at you. If you obtain authority from Merril Jessop to accept citation on his behalf, and if you acknowledge your receipt of the Application for Turnover and further agree to waive issuance of citation to you, please sign where indicated below and fax your
Ms.AmyHenningtonApril7,2010PageTwo
2700 CLUB RIDGE DRIVE SUITE 20 LEWISVILLE TEXAS 75067
signature back to me. In such event, I will file the letter agreement with the Court as a Rule 11 Agreement and Waiver of Citation. Because of the short time frame before the scheduled hearing, I need to contact the Court this afternoon regarding substituted service. It is important that you reply to this letter by early afternoon if you are in agreement with my requests. In any event, please know that I will be subpoenaing you and Mr. Jessop for your appearance at the hearing on April 15. Thank you in advance for your assistance and cooperation in the interests of efficiency and financial economy. I look forward to receiving your reply. Regards,
Natalie E. Malonis AGREED: By signing below, I verify that I have the authority of Merril Jessop to accept citation on his behalf for Application for Turnover and Motion for Enforcement and Contempt and Order to Appear. I further agree to appear on April 15, 2010 at 2:00 PM, Courtroom C, Tom Green County Courthouse on Application for Turnover, and I waive the issuance of citation in regards to same. _______________________________________ Amy Hennington Hennington, Butler & Jones, PLLC Attorneys for Merril Jessop, Respondent
DATE: FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
SENDER’S PHONE NUMBER
RE: SENDER’S FAX NUMBER
972-499-1041
URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY
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Attached please find:
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1. Subpoena for Amy Hennington 2. Subpoena for F. Merril Jessop
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Exhibit C
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______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – F. MERRIL JESSOP PAGE 1
NO 3028
IN THE INTEREST OF § IN THE DISTRICT COURT § ARTHUR JESSOP, BETTY JANE JESSOP, LUANNE JESSOP, PATRICK MERRIL JESSOP, MERRIL ANDREW JESSOP, MERRILEE JESSOP, MERRIL HARRISON JESSOP AND BRYSON MERRIL JESSOP
§ § § § § § §
51ST JUDICIAL DISTRICT
§ CHILDREN § SCHLEICHER COUNTY, TEXAS
SUBPOENA TO COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS Issued in the Name of the State of Texas You, Frederick Merril Jessop, are hereby commanded to appear at 51st District Court, San
Angelo, Tom Green County, Texas, on April 15, 2010 at 2:00 PM and give testimony and produce at
that time and place the following documents or tangible things in your possession, custody, or
control relating to the case entitled "In the Interest of Arthur Jessop, Betty Jane Jessop, Luanne
Jessop, Patrick Merril Jessop, Merril Andrew Jessop, Merrilee Jessop, Merril Harrison Jessop and
Bryson Merril Jessop" and filed under Cause No. 3028, in the 51st Judicial District Court of
Schleicher County, Texas:
APPLICABLE TIME PERIOD: APRIL 3, 2008 THROUGH APRIL 15, 2010
Documents or tangible things in your possession or subject to your control or in the possession of or subject to the control of any entity owned or managed by you, and evidencing any funds or items of value deposited or to be deposited, paid or to be paid, delivered or to be delivered to Amy Hennington, Gerald Goldstein or any attorney or law firm in connection with legal services provided to you or to be provided to you or any entity with which you are or were associated and for which you hold or held a position of authority, including, but not limited to,
______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – F. MERRIL JESSOP PAGE 2
billing statements, invoices, retainer agreements, professional services agreements, receipts, bank statements, billing details, time summaries, expense reports, promissory notes, trust agreements, security agreements, and ledgers.
This subpoena is issued at the instance of Carolyn Jessop, Petitioner in the above-referenced
case, by and through her attorney of record, Natalie E. Malonis.
FAILURE OF ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A
SUBPOENA SERVED ON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE
COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE
COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE, OR
CONFINEMENT, OR BOTH.
This subpoena is issued on April 7, 2010 by:
The Malonis Law Firm 2700 Club Ridge Dr. Ste 20 Lewisville, Tx 75067 Tel: (972) 822-5388 Fax: (972) 499-1041
By: Natalie E. Malonis State Bar No. 12887450 Attorney for Petitioner
______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – F. MERRIL JESSOP PAGE 3
Proof of Service
I certify that I served the above Subpoena on Any Hennington , attorney of record for
Frederick Merril Jessop, via facsimile at 325-482-8064 on April 7, 2010.
Natalie Malonis Attorney for Carolyn Jessop Texas Bar No. 12887450
______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – HENNINGTON PAGE 1
NO 3028
IN THE INTEREST OF § IN THE DISTRICT COURT § ARTHUR JESSOP, BETTY JANE JESSOP, LUANNE JESSOP, PATRICK MERRIL JESSOP, MERRIL ANDREW JESSOP, MERRILEE JESSOP, MERRIL HARRISON JESSOP AND BRYSON MERRIL JESSOP
§ § § § § § §
51ST JUDICIAL DISTRICT
§ CHILDREN § SCHLEICHER COUNTY, TEXAS
SUBPOENA TO COMPEL PRODUCTION OF DOCUMENTS AND TANGIBLE THINGS Issued in the Name of the State of Texas You, Amy Hennington, are hereby commanded to appear at 51st District Court, San Angelo,
Tom Green County, Texas, on April 15, 2010 at 2:00 PM and give testimony and produce at that
time and place the following documents or tangible things in your possession, custody, or control
relating to the case entitled "In the Interest of Arthur Jessop, Betty Jane Jessop, Luanne Jessop,
Patrick Merril Jessop, Merril Andrew Jessop, Merrilee Jessop, Merril Harrison Jessop and Bryson
Merril Jessop" and filed under Cause No. 3028, in the 51st Judicial District Court of Schleicher
County, Texas:
APPLICABLE TIME PERIOD: APRIL 3, 2008 THROUGH APRIL 15, 2010
Documents or tangible things in the possession of you or a member of Hennington, Butler & Jones, PLLC or subject to your control or the control of Hennington, Butler & Jones PLLC, and evidencing any funds held or expended on behalf of Frederick Merril Jessop or in connection with services provided to Frederick Merril Jessop or any entity managed or controlled by Frederick Merril Jessop, including, but not limited to, billing statements, invoices, retainer agreements, professional services agreements, receipts, bank statements, billing details, time summaries, expense reports, promissory
______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – HENNINGTON PAGE 2
notes, trust agreements, security agreements, ledgers and the like. This subpoena is issued at the instance of Carolyn Jessop, Petitioner in the above-referenced
case, by and through her attorney of record, Natalie E. Malonis.
FAILURE OF ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A
SUBPOENA SERVED ON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE
COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE
COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE, OR
CONFINEMENT, OR BOTH.
This subpoena is issued on April 7, 2010 by:
The Malonis Law Firm 2700 Club Ridge Dr. Ste 20 Lewisville, Tx 75067 Tel: (972) 822-5388 Fax: (972) 499-1041
By: Natalie E. Malonis State Bar No. 12887450 Attorney for Petitioner
______________________________________________________________________________ SUBPOENA TO COMPEL PRODUCTION – HENNINGTON PAGE 3
Proof of Service
I certify that I served the above Subpoena on Any Hennington via facsimile at 325-482-8064
on April 7, 2010.
Natalie Malonis Attorney for Carolyn Jessop Texas Bar No. 12887450
IN THE INTEREST OF § IN THE DISTRICT COURT § ARTHUR JESSOP, BETTY JESSOP, LUANNE JESSOP, PATRICK JESSOP, MERRILEE JESSOP, ANDREW JESSOP, BRYSON JESSOP AND HARRISON JESSOP
§ § § § §
51ST JUDICIAL DISTRICT
§ CHILDREN § SCHLEICHER COUNTY, TEXAS
ORDER ON MOTION FOR OTHER SUBSTITUTED SERVICE On April _______, 2010 the Court considered the Motion for Other Substituted Service of
Carolyn Jessop. The Court finds that service of citation by publication on Frederick Merril Jessop is
authorized and that the following method of service would be as likely as publication to give
Frederick Merril Jessop actual notice.
IT IS ORDERED that service on Frederick Merril Jessop be effected by service by facsimile
and by delivery of citation to Hennington, Butler & Jones, attorneys of record for Frederick Merril
Jessop. The person executing the citation shall state on the return the manner in which service was
accomplished and shall attach any evidence showing the result of the service. IT IS FURTHER
ORDERED that delivery of citation as described herein may be made by any person over the age of
18 who is not an party in this case.
IT IS FURTHER ORDERED that service of Subpoena to Compel Production of Documents
and Tangible Things directed at Frederick Merril Jessop may be made by service of said subpoena
upon Hennington, Butler & Jones by facsimile transmission. The person serving the Subpoena on
Merril Jessop by facsimile to Hennington, Butler & Jones shall file a return of service and shall
attach a confirmation of the delivered facsimile transmission, including date, time and number of
