TRIAL COURT OFFICIAL'S 


REQUEST FOR EXTENSION OF TIME TO FILE RECORD 


Court of Appeals No. (Ifknown): .;::;.1=.2_-_1_5__-_0_0_2_2_2__-_C_V_ 

Trial Court Style: Josette Newberry and Monica Newberry vs. Debbie Tarver, et al 

· I C rt & C t 1st Judicial District of San Augustine T' I C rt N CV-12 - 9397 Tna ou oun y: na ou 0.: 

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 ofmy 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 ofthis 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 

distclerk@co.san-augustine.tx.us 

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 

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 9/11/2015 11:14:13 AM PAM ESTES Clerk
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 ofservice; 


(2) the name and addresses of each person served; and 

(3) ifthe 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. 

Address: 107 N.Texas St. Address: P.O. box 669 

Hemphill, TX 75948 Center, TX 75935 

Phone no.: ____________ 409-787 -1356 _ Phone no.: 936-598-2701

Debbie Tarver Attorney 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 ofAppeal 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 11th day 

of September, 2015, on: 

Julie Conn 

107 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 

~raJ '-.s.::. CU'Ill:S ECicr."t ~ . ­ NO • CV - - 12 9397 SAN /,! 1Gt:~~ ••. ~ "'~~I'U C~1 BY'" Il •• }2,"S

JOSETTE NEWBERRY AND § IN THE DISTRICT COURT - -­

MONICA NEWBERRY, Plaintiffs § 

§ 

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 

julieconn@windstream.net 

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 ofthe 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 ofthe Clerk's Record. 
Respectfully submitted, 

Julie L. Conn, Attorney at Law, PLLC 

107 N. Texas S1. 

Hemphill, TX 75948 

Tel: (409) 787-1356 

Fax: (409) 787-1928 

julieconn@windstream.net 

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 

ofthe 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 

2 

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 

107 N. Texas S1. 

HemphiII, TX 75948 

Tel: (409) 787-1356 

Fax: (409) 787-1928 
onn 

State I No. 24036331 

julie~n@windstream.net 

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) 

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08/2712015 11:52 Firmware Version 2LC_2FOO.009.018 2014.12.05 [?l UOOO. 010.001) [2K9_1100002.001] [2LUOOO. 009.012] 

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

Complete 

Document: doc04209420150827115132 

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TO: 


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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 Plaintiffs 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 ofthe 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 ieconn@windstream.net 

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 ofservice: FAX: 936-598-6086 

Date of service: August~, 2015 

2 

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] [2LCJOOO. 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 ofAppeals 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 ]