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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-06-14
Type Pr Guardian/conserv Adult
Docket 79 entries
Disposition disposed

Parties

Plaintiff Benedictine Liing Community Of St Joseph|Hook, Diane K|Swaggerty, Donn|Middleton, Mary Jo
Photo of Hon. Bolander David

Judge

Hon. Bolander David

Andrew County (MO)

Missouri

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Lawyers

Docket Entries

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  2. PR Costs Incp/Dis-w/costs-CC
  3. Filing Info Sheet eFiling
  4. Certification Filed Certification of Incapacity of Respondent.
  5. rder to Expend Funds ORDER TO WITHDRAW FUNDS $19,000 TO LIVING COMMUNITY OF BENEDICTINE.
  7. udge/Clerk - Note PRINCIPAL CLERK EMAILED THE PUBLIC ADMINISTRATOR'S OFFICE FOR A PROPOSED ORDR TO WITHDRAW FUNDS.
  8. etition to Expend Funds Petition to Withdraw Funds for Past Due Monthly Care; Electronic Filing Certificate of Service.
  10. earing Scheduled HEARING ON NFP PETITION Associated Entries: 03/07/2025 - Hearing Held + Scheduled For: 03/07/2025; 8:45 AM; DAVID BOLANDER; Buchanan
  11. earing Continued/Rescheduled BRAD HAGGARD, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON AND BY ATTORNEY JOHN SPENCER. COURT AUTHORIZES PAYMENT OF FUNDS TO LIVING COMMUNITY. CONSERVATOR IS CONTINUES TO SEEK RECOVERY OF FUNDS HAT MAY HAVE BEEN MISAPPROPRIATED. HEARING ON PETITION FOR NFP ON MARCH 7, 2025, AT 8:45 AM. DLB/ldl Associated Entries: 01/21/2025 - Motion Hearing Scheduled Associated Entries: 01/21/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 02/07/2025; 8:45 AM Motion Hearing
  13. rder Allowing Fees - Atty ORDER ALLOWING COMPENSATION JOHN SPENCER ALLOWED A FEE OF $1,893.75
  15. mended Filing AMENDED APPLICATION FOR COMPENSATION OF FEES; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  17. otice of Hearing Filed NOTICE OF HEARING; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  18. otion Hearing Scheduled Associated Entries: 02/07/2025 - Hearing Continued/Rescheduled + Scheduled For: 02/07/2025; 8:45 AM; DAVID BOLANDER; Buchanan
  19. earing Continued/Rescheduled AT ATTORNEY JOHN SPENCER'S REQUEST THE HEARING HAS BEEN MOVE UP FROM FEBRUARY 14, 2025, TO FEBRUARY 7, 2025, AT 8:45 AM. ATTORNEY SPENCER TO SEND & FILE NOTICE OF CONTINUED HEARING DATE. Associated Entries: 01/16/2025 - Motion Hearing Scheduled Associated Entries: 01/16/2025 - Hearing Continued/Rescheduled + Associated Entries: 02/07/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 02/14/2025; 8:45 AM Motion Hearing
  21. otion Hearing Scheduled Associated Entries: 01/21/2025 - Hearing Continued/Rescheduled + Scheduled For: 02/14/2025; 8:45 AM; DAVID BOLANDER; Buchanan
  22. earing Continued/Rescheduled BRAD HAGGARD, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON AND BY ATTORNEY JOSH BACHMAN AND JOEL HANE. FOR GOOD CAUSE, CASE IS CONTINUED. COUNSEL TO REVIEW FEE APPLICATION AND GIVE UPDATE ON SEARCH FOR ADDITIONAL FUNDS. HEARING ON FEES AND NFP ON FEBRUARY 14, 2025 AT 8:45 AM. DLB/ldl Associated Entries: 12/23/2024 - Motion Hearing Scheduled Associated Entries: 01/21/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 01/16/2025; 8:45 AM Motion Hearing
  24. uccessor Letters SUCCESSOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP ISSUED TO NEWLY ELECTED PUBLIC ADMINISTRATOR; BRAD HAGGARD. 2 CERTIFIED TO BRAD
  26. rder SUCCESSOR LETTERS SHALL BE ISSUED IN ALL OPEN PUBLIC ADMINISTRATOR CASES TO BRAD HAGGARD (PUBADM_25)
  28. otion Hearing Scheduled Associated Entries: 01/16/2025 - Hearing Continued/Rescheduled + Scheduled For: 01/16/2025; 8:45 AM; DAVID BOLANDER; Buchanan
  29. otice of Court Hearing Sent NOTICE OF HEARING SET FOR JANUARY 16, 2025, AT 8:45 AM ON PETITION FOR ATTORNEYS' FEES AND PETITION FOR NO FURTHER PROCESS.
  30. rder to Expend Funds ORDER TO EXPEND FUNDS $625 TO HOOK LAW, LLC
  32. et for No Further Process PETITION FOR NO FUTHER PROCESS; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  33. etition to Expend Funds PETITION TO EXPEND FUNDS; EXHIBIT A; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  34. etition Fees - Attorney APPLICATION FOR COMPENSATION OF FEES; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  35. atisfaction of Judgment Filed Satisfaction of Judgment; Electronic Filing Certificate of Service. Filed By: TRANG THANH THI BUI
  36. aiver of Bond JUDGE BOLANDER INSTRUCTS PRINCIPAL CLERK NO BOND IS NECESSARY AT THIS TIME.
  37. atisfaction of Judgment Filed Satisfaction of Judgment; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  38. nventory and Appr Filing INVENTORY AND APPRAISEMENT; Electronic Filing Certificate of Service.; Amount of Real Property - 0; Amount of Personal Property - 500 Filed By: JOHN SPENCER
  39. rder Withdrawing Attorney:
  40. ithdrawal of Attorney Filed Motion to Withdraw as Attorney of Record; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK On Behalf Of: DONN SWAGGERTY, MARY JO MIDDLETON
  41. rder Allowing Fees - Atty PETITIONER, LIVING COMMUNITY'S, MOTION TO FOR PERSONAL JUDGMENT IS DENIED. PETITIONER, LIVING COMMUNITY'S MOTION FOR ATTORNEY'S FEES IS A GRANTED IN THE AMOUNT OF $9,088.05 TO BE PAID BY WARD/PROTECTEE'S ESTATE. DLB/ldl
  42. ause Taken Under Advisement PETITIONER APPEARS BY ATTORNEY DIANE HOOK. 2ND PETITIONERS APPEARS BY ATTORNEY LINDSEY HOLCUMBRINK. RESPONDENT APPEARS BY ATTORNEY TRANG BUI. ANNETTE BERTELSEN, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON AND BY ATTORNEY JOEL HANE. MATTERS TAKEN UNDER ADVISEMENT. DLB/ldl Associated Entries: 10/16/2024 - Hearing Scheduled Associated Entries: 10/03/2024 - Hearing Continued/Rescheduled + Scheduled For: 11/12/2024; 2:00 PM; DAVID BOLANDER; Buchanan
  43. ote to Clerk eFiling Filed By: DIANE K HOOK
  44. ffidavit Filed Affidavit of Attorneys Fees; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  45. ntry of Appearance Filed ENTRY OF APPEARANCE; Electronic Filing Certificate of Service. Filed By: JOHN SPENCER
  46. otice of Hearing Filed Notice of Hearing on Outstanding Motions; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  47. trs Grdnshp/Consrhp Adult LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP ISSUED TO BUCHANAN COUNTY PUBLIC ADMINISTRATOR; 2 CERTIFIED COPIES SENT TO GUARDIANS
  48. rd MH Firearms Prohibition
  49. udmt-Incapacity & Disability
  50. earing Scheduled Associated Entries: 11/12/2024 - Cause Taken Under Advisement + Scheduled For: 11/12/2024; 2:00 PM; DAVID BOLANDER; Buchanan
  51. otice NOTICE TO ATTORNEY DIANE HOOK TO CALL PROBATE CLERK FOR HEARING DATE ON MOTION FOR ACCOUNTING IF A HEARING IS WANTED.
  52. earing Held PETITIONER APPEARS BY ATTORNEY DIANE HOOK. 2ND PETITIONER D SWAGGERTY APPEARS IN PERSON AND BY ATTORNEY LINDSEY HOLCUMBRINK. RESPONDENT APPEARS BY ATTORNEY TRANG BUI. ANNETTE BERTELSEN, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON. ADDITIONAL APPEARANCES INCLUDE BRAD HAGGARD. EVIDENCE PRESENTED. JUDGMENT TO BE ENTERED FOR GUARDIANSHIP AND CONSERVATORSHIP TO BUCHANAN COUNTY PUBLIC ADMINISTRATOR. DONN SWAGGERTY IS ORDERED TO TURN OVERALL ASSETS INCLUDED CASH TO THE BUCHANAN COUNTY PUBLIC ADMINISTRATOR. COURT SUSPENDS THE DPOA FINDING DONN SWAGGERTY IS NOT ABLE TO CONTINUE IN THAT CAPACITY. ATTORNEY FOR RESPONDENT IS AWARDED A FEE OF $2325.00 TO BE PAID BY THE RESPONDENT ESTATE. JUDGMENT TO BE PREPARED D. HOOK ON OR BEFORE OCTOBER 15, 2024. DLB/ldl Associated Entries: 08/27/2024 - Hearing Continued/Rescheduled + Associated Entries: 10/03/2024 - Guardianship Hearing Scheduled Scheduled For: 10/08/2024; 1:30 PM; DAVID BOLANDER; Buchanan
  53. otion Filed Motion to Assess Amounts Withdrawn from Account; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  54. uardianship Hearing Scheduled Associated Entries: 10/08/2024 - Hearing Held + Scheduled For: 10/08/2024; 1:30 PM; DAVID BOLANDER; Buchanan
  55. earing Continued/Rescheduled PETITIONER APPEARS BY ATTORNEY DIANE HOOK. 2ND PETITIONER D. SWAGGERTY APPEARS IN PERSON AND BY ATTORNEY LINDSEY HOLCUMBRINK. RESPONDENT APPEARS BY TRANG BUI. ANNETTE BERTELSEN, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON AND BY ATTORNEY JOSH BACHMAN. ADDITIONAL APPEARANCES INCLUDE BRAD HAGGARD. FINAL HEARING ON OCTOBER 8, 2024 AT 1:30 PM FOR 1 HOUR, 1 SETTING. DLB/ldl Associated Entries: 07/30/2024 - Hearing Continued/Rescheduled Associated Entries: 08/27/2024 - Guardianship Hearing Scheduled Associated Entries: 11/12/2024 - Cause Taken Under Advisement + Hearing Continued From: 10/03/2024; 10:00 AM Guardianship Hearing Scheduled
  56. etition Fees - Attorney Motion for Attorneys Fees to be Assessed against Applicants Swaggerty and Middleton; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH, DONN SWAGGERTY, MARY JO MIDDLETON
  57. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK
  58. uardianship Hearing Scheduled Associated Entries: 10/03/2024 - Hearing Continued/Rescheduled + Scheduled For: 10/03/2024; 10:00 AM; DAVID BOLANDER; Buchanan
  59. earing Continued/Rescheduled PETITIONER APPEAR BY ATTORNEY DIANE HOOK. 2ND PETITIONER APPEAR BY LINDSEY HOLCUMBRINK. RESPONDENT APPEARS BY ATTORNEY TRANG BUI. ANNETTE BERTELSEN, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON AND BY ATTORNEY JOSH BACHMAN. ISSUE IS WHO SHOULD BE APPOINTED. FINAL HEARING ON OCTOBER 3, 2024 AT 10:00 AM FOR ½ DAY. DLB/ldl Associated Entries: 06/24/2024 - Hearing Continued/Rescheduled + Associated Entries: 07/30/2024 - Guardianship Hearing Scheduled Associated Entries: 10/08/2024 - Hearing Held + Hearing Continued From: 08/27/2024; 9:30 AM Guardianship Hearing Scheduled
  60. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK On Behalf Of: DONN SWAGGERTY, MARY JO MIDDLETON
  61. uardianship Hearing Scheduled Associated Entries: 08/27/2024 - Hearing Continued/Rescheduled + Scheduled For: 08/27/2024; 9:30 AM; DAVID BOLANDER; Buchanan
  62. earing Continued/Rescheduled Associated Entries: 06/25/2024 - Guardianship Hearing Scheduled + Associated Entries: 10/03/2024 - Hearing Continued/Rescheduled + Hearing Continued From: 08/01/2024; 9:30 AM Guardianship Hearing Scheduled
  63. rder for Continuance
  64. otion for Continuance Motion for Continuance; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK
  65. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK
  66. onfid Filing Info Sheet Filed Confidential Case Filing Information Sheet; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK
  67. pp-LtrsCo-Grdnshp/Consrhp Counter Petition for Appointment of Guardian and Conservator; Electronic Filing Certificate of Service. Filed By: LINDSEY BROOKE HOLCUMBRINK
  68. uardianship Hearing Scheduled GUARDIANSHIP HEARING - ADULT Associated Entries: 07/30/2024 - Hearing Continued/Rescheduled Scheduled For: 08/01/2024; 9:30 AM; DAVID BOLANDER; Buchanan
  69. otice of Hearing Filed Notice of Hearing Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  70. edical Affidavit Filing Doctors Deposition re incapacity; Electronic Filing Certificate of Service. Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  71. earing Continued/Rescheduled PETITIONERS APPEAR BY ATTORNEY DIANE HOOK. RESPONDENT APPEARS BY ATTORNEY TRANG BUI. ANNETTE BERTELSEN, BUCHANAN COUNTY PUBLIC ADMINISTRATOR APPEARS IN PERSON. FINAL HEARING ON AUGUST 1, 2024 AT 9:30 AM. DLB/ldl Associated Entries: 06/20/2024 - Guardianship Hearing Scheduled Associated Entries: 08/27/2024 - Hearing Continued/Rescheduled + Hearing Continued From: 06/24/2024; 9:30 AM Guardianship Hearing Scheduled
  72. otice of Service Return of Service of Notice on Respondent; Electronic Filing Certificate of Service. MOVED TO NOTICE SERVED ON 6-21-24 Filed By: DIANE K HOOK On Behalf Of: BENEDICTINE LIVING COMMUNITY OF ST JOSEPH
  73. otc of Hrng Returned Served Document ID - 24-P310-33; Served To - SWAGGERTY, KATHRYN; Server - ; Served Date - 21-JUN-24; Served Time - 13:30:00; Service Type - Special Process Server; Reason Description - Served; Service Text - SERVED BY KATIE JOHNSON
  74. otc to Respondent Document ID: 24-P310-33, for SWAGGERTY, KATHRYN.
  75. uardianship Hearing Scheduled Associated Entries: 06/24/2024 - Hearing Continued/Rescheduled + Scheduled For: 06/24/2024; 9:30 AM; DAVID BOLANDER; Buchanan
  76. rd Appt Atty for Respondent ORDER APPOINTING ATTORNEY, TRANG BUI, AS ATTORNEY FOR RESPONDENT
  77. R Costs Incp/Dis-w/costs-CC
  78. iling Info Sheet eFiling
  79. ertification Filed Certification of Incapacity of Respondent.

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