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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-05-17
Type Pr Guardian/conserv Adult
Docket 47 entries
Disposition Wrong Ven/Misfiled-Trsnfr Case

Parties

Plaintiff Missouri Children's Diision|Waits, James A
Defendant Fender, Samuel Joe|Hershberger, David Lee
Photo of Hon. Hudson Steven D

Judge

Hon. Hudson Steven D

Grundy County (MO)

Missouri

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Docket Entries

  1. <td></td><td></td><td></td>
  2. Wrong Ven/Misfiled-Trsnfr Case TRANSFER TO CORRECT VENUE - Livingston Filed By: STEVEN D HUDSON
  3. Order to Transfer By way of this docket entry and by agreement of the parties, case is ordered transferred to Livingston County. (shd) Filed By: STEVEN D HUDSON
  4. <td></td><td></td><td></td>
  5. Receipt Filed Satisfaction of Payment; Electronic Filing Certificate of Service. Filed By: DAVID LEE HERSHBERGER Associated Entries: 06/15/2023 - Order Allowing Fees - Atty
  6. <td></td><td></td><td></td>
  7. Order Application and Order for Release from the Legal and Phyiscal Custody of the Department of Social Services, Childrens Division. Application for Termination of Jurisdiction.
  8. <td></td><td></td><td></td>
  9. Order Allowing Fees - Atty Filed By: STEVEN D HUDSON Associated Entries: 06/19/2023 - Receipt Filed +
  10. Ltrs Grdnshp/Consrhp Adult Inventory Due: 14-JUN-2023 Publication: WAIVED Bond: $50.00 Annual Settlement Due: 15-JUN-2024 Letters of Adult Guardianship and Conservatorship issued to Livingston County Public Administrator. Original retained in Court file and (3) Certified copes issued and provided to Livingston County Public Administrator via Attorney for Respondent, David Hershberger, who picked them up in person and delivered the same to Chillicothe.
  11. Judmt-Ltrs Grdnshp/Consrhp Filed By: STEVEN D HUDSON
  12. <td></td><td></td><td></td>
  13. Proposed Order Filed Proposed Judgment; Electronic Filing Certificate of Service. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION
  14. <td></td><td></td><td></td>
  15. Hrng Appntmnt Probate Held Missouri Children's Division appears by Paige Orndorff. Attorney for Petitioner, Jim Waits, appears via webex. Also appearing via webex is David Hershberger, Attorney for Respondent, and Geri Curtis, Livingston County Public Administrator. Also present in the Courtroom was Joseph Fender, natural father and Deavon Fender. Shelly Collier appear not although duly served. Case is called. Respondent waives jury trial. Hearing held. Testimony and evidence are adduced. THE COURT FINDS that the Probate Court does not have the jurisdiction on this date because the at the time of filing this case, child was a minor and under the jurisdiction of the Grundy County Juvenile Court with legal and physical custody having been placed with the Division of Children's Services. WHILE IT IS THE FINDING OF THIS COURT that Samuel J. Fender was a minor child at the time the case was initiated, that he is now an adult as of this date. That he is unable to care for his mental, physical or financial needs at this time and that it is in the best interest that a Guardian and Conservator be appointed. That the Geri Curtis, Livingston County Public Administrator, is a suitable and qualified person to serve as guardian of the person and Conservator of the estate and she has filed her consent to act in that capacity as well as verbally via webex. Guardian and Conservator shall serve with bond in the amount of $50.00 to be covered by the Livingston County Public Administrator bond. The Guardian and Conservator shall file an annual report as to the personal status of the Respondent as well as an annual settlement. Further an Inventory shall be filed within (30) days of this date. Costs are to be paid by Missouri Children's Division; that publication is waived. Attorney for Respondent is hereby allowed a reasonable attorney fee in the amount of $500.00 to be paid by the Missouri Children's Division. NO ORDER IS ENTERED ON THIS DATE and Court takes this matter under advisement until such time as the Grundy County Juvenile Court terminates it's jurisdiction. It is this Court's intention to entered an order based upon the aforementioned findings. Attorney Waits to prepare an order attendant to today's hearing. Clerk directed to issue letters upon the Judgment being signed. IT IS SO ORDERED. (sdh) Associated Entries: 06/07/2023 - Hrng Appntmnt Probate Sched Scheduled For: 06/13/2023; 1:30 PM; STEVEN D HUDSON; Grundy
  16. Sound Recording Log Sheet
  17. Notice of Service hearing notice returned; Electronic Filing Certificate of Service. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION Associated Entries: 06/06/2023 - Notice of Hearing Filed +
  18. <td></td><td></td><td></td>
  19. Correspondence Filed Correspondence to Clerk re Web Ex; Electronic Filing Certificate of Service. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION
  20. Consent to Serve Consent to Serve as Counsel for the Respondent; Electronic Filing Certificate of Service. Filed By: DAVID LEE HERSHBERGER On Behalf Of: SAMUEL JOE FENDER
  21. Note to Clerk eFiling Filed By: DAVID LEE HERSHBERGER
  22. Suggestions in Support Suggestions and Recommendation in Support of Appointment of Fiduciary; Electronic Filing Certificate of Service. Filed By: DAVID LEE HERSHBERGER On Behalf Of: SAMUEL JOE FENDER
  23. Consent Filed Consent to Appointment; Electronic Filing Certificate of Service. Filed By: DAVID LEE HERSHBERGER On Behalf Of: SAMUEL JOE FENDER
  24. <td></td><td></td><td></td>
  25. Entry of Appearance Filed Entry of Appearance and Waiver of Service; Electronic Filing Certificate of Service. Filed By: DAVID LEE HERSHBERGER On Behalf Of: SAMUEL JOE FENDER
  26. Ord Appt Atty for Respondent David Hershberger is appointed Attorney for Respondent. IT IS SO ORDERED. (sdh) Filed By: STEVEN D HUDSON
  27. Proposed Order Filed Proposed Order on Motion to Appoint Attorney for Respondent. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION
  28. Motion Filed Motion to Appoint Attorney for Respondent. Filed By: JAMES A WAITS
  29. <td></td><td></td><td></td>
  30. Consent to Serve Filed By: LIVINGSTON COUNTY PUBLIC ADMINISTRATOR
  31. Notice of Hearing Filed Notice of Hearing to Respondents legal father. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION
  32. <td></td><td></td><td></td>
  33. Judge/Clerk - Note
  34. Hrng Appntmnt Probate Sched Associated Entries: 06/13/2023 - Hrng Appntmnt Probate Held + Scheduled For: 06/13/2023; 1:30 PM; STEVEN D HUDSON; Grundy
  35. <td></td><td></td><td></td>
  36. Notice of Hearing Filed Notice of Hearing. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION Associated Entries: 06/13/2023 - Notice of Service +
  37. <td></td><td></td><td></td>
  38. Order REVISED DOCKET. 06-06-2023. CORRECTED ORDER entered herein to correct Probate case number. [ORDER TERMINATING JUVENILE JURISDICTION AND GRANTING PERMISSION FOR ADULT GUARDIANSHIP AND CONSERVATORSHIP entered herein and authorizing Livingston County Public Administrator to serve pending hearing in the Probate Division wherein appointment would be made at that time.] Filed By: STEVEN D HUDSON
  39. <td></td><td></td><td></td>
  40. Order
  41. <td></td><td></td><td></td>
  42. Judge/Clerk - Note Court will note that a juvenile case is pending and plantiffs attorney shall file an order allowing him to proceed in the probate division. Further it shall be noted that petition referrences an "exhibit C", and that consent was NOT attached.
  43. PR Costs Incp/Dis-w/costs-Asso Filed By: JAMES A WAITS
  44. Filing Info Sheet eFiling Filed By: JAMES A WAITS
  45. Note to Clerk eFiling Filed By: JAMES A WAITS
  46. Report Filed Medical Report on Respondent. Filed By: JAMES A WAITS On Behalf Of: MISSOURI CHILDREN'S DIVISION
  47. App-Ltrs Grdnshp/Consrhp Petition for Appointment of Guardian and Conservator with Exhibits, Information Re Ward and Affidavit. Filed By: JAMES A WAITS

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