Preview
ELECTRONICALLY FILED
Benton County Circuit Court
Brenda DeShields, Circuit Clerk
2023-Aug-28 12:49:44
04CV-23-2303
C19WD07 : 16 Pages
UNIFORM COVER PAGE
KRISTEN H. SINCLAIR,
PERSONAL REPRESENTATIVE OF
THE ESTATE OF RICKY LY NN SINCLAIR PLAINTIFF
VS. CASE NO. 04CV-23-
JENNIFER ANN POOLE AND
MARY COCKRELL DEFENDANTS
TITLE OF PLEADING OR
DOCUMENT BEING FILED
(Ifa multi-part file,
the designation “part _ of _”
(example, part 1 of 2)): EXHIBITS C through F to the COMPLAINT
*Administrative Order No 2.
(g) File Mark. (1) There shall be a two inch (2") top margin on the first page of each document submitted for
filing to accommodate the court’s file mark. If the pleading or document must be filed in multi-parts because of size or
for other reasons, the first page of each part must include the file name and file mark and shall clearly indicate the part
number and number of parts (example, part 1 of 2).
(2) Ifa document is such that the first page cannot be drafted to provide sufficient space to satisfy the file-
mark requirement, the document must include the uniform cover page developed by the Administrative Office of the
Courts and found under Forms and Publications at www.arcourts.gov.
EXHIBIT C
ELECTRONICALLY FILED
Benton County Circuit Court Probate Division
Betsy Harrell, County Clerk
2022-Aug-26 13:38:26
04PR-22-938
C19WD04 : 2 Pages
INTHE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS
PROBATE DIVISION
In The Matter Of the Guardianship of
Ricky Lynn Sinclair,
An Incapacitated Person
Case No.: 04PR-2022-938
MARY COCKRELL
PETITIONER
V.
RICKY LYNN SINCLAIR RESPONDENT
EX PARTE ORDER
Now on this 26th day of August, 2022 comes on to be heard
the above referenced
matter, upon review of a verified Petition and Exhibits from
the Petitioner, the Court being
well and sufficiently advised in the circumstances, hereby finds:
1 That this Court has jurisdiction over the parties and subject matter
herein
and venue is proper.
2 That based on the pleadings filed herein it appears that
there is imminent
danger to the life and health of the Proposed ward and/or proper
ty
3. That the proposed ward requires the immediate appoi
ntment of a guardian
of his person and estate
4. That it is in the best interest of the proposed ward that
the Petitioner. Mary
Cockrell, be appointed Emergency Guardian
5. That until the emergency hearing below the Petitioner
shall be authorized
to have the care and custody of and exercise Contro
l over the incapacitated person,
including but not limited to all medical and financial
matters, and to take possession of
and administer his Property, as authorized by law.
6. That an Emergency Hearing shall be held on September 8", 2022 at 9:00
a.m. at the Benton County Courthouse, Division IV.
IT IS SO ORDERED.
Qt ab
EXHIBIT D
ELECTRONICALLY FILED
Benton County Circuit Court Probate Division
Betsy Harrell, County Clerk
2022-Sep-07 09:24:14
04PR-22-938
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS!9W004 : 2 Pages
PROBATE DIVISION
IN THE MATTER OF
RICKY LYNN SINCLAIR,
An Incapacitated Person CASE NO. 04PR-22-938
MOTION TO INTERVENE
COMES NOW the Petitioner, Autumn Sinclair, by her attorney, Dustin A. Duke, AR Law
Partners, PLLC, and for her Motion to Intervene states:
1 That Petitioners seeks leave of the court to intervene in this matter pursuant to Rule
24 of the Arkansas Rules of Civil Procedure.
2 That the Petitioner is the adult daughter of the Ward Ricky Lynn Sinclair.
3 That the Petitioners seek to establish herself as the guardian over the Ward’s person
and estate, as is more fully set out in her Objection and Counter-Petition to Appoint Guardian of
the Person and Estate filed contemporaneously with this motion.
4. That as the daughter of the Ward, Petitioner has an interest in the subject of this
pending litigation. Petitioner's interest is not being adequately represented by the existing parties.
5 That Petitioners seeks leave of the court to intervene in this matter.
6. That there would be no prejudice to any party by allowing the Petitioners to
intervene in this action. Petitioner would be prejudiced if not allowed to intervene.
WHEREFORE, Petitioners prays that her motion be granted and that she be allowed to
intervene in this matter pursuant to Rule 24 of the Arkansas Rules of Civil Procedure; and for all
other just and proper relief to which she is entitled.
Respectfully submitted,
Autumn Sinclair
/By her attorney.
Ahh Me
Dustin A. Duke, Ark. Bar 2001242
AR Law Partners, PLLC
2405 Old Wire Road
Fayetteville, AR 72703
(479) 480-4900
dustin@arlawpartners.com
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that on this date I have delivered a true and correct
copy of the above named pleading to the following person(s) via the court’s electronic filing
system: Jordan L. Snoderly, attorney for Petitioner Mary Cockrell
s,
HOM
Dustin A. Duke,
Attorney for Plaintiff/Defendant/Personal Representative
Date: September 7, 2022
EXHIBIT E
ELECTRONICALLY FILED
Benton County Circuit Court Probate Division
Betsy Harrell, County Clerk
2022-Sep-13 09:49:32
04PR-22-938
C19WD04 : 4 Pages
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS
PROBATE DIVISION
In The Matter Of the Guardianship of
Ricky Lynn Sinclair,
An Incapacitated Person
Case No.: 04PR-2022-938
MARY COCKRELL PETITIONER
Vv
RICKY LYNN SINCLAIR RESPONDENT
TEMPORARY ORDER
Now on this day of September 2022 comes on to be heard the above referenced
matter, the Petitioner appearing by and through her attorney Jordan L. Snoderly, the
Respondent failing to appear, and the Intervenor appearing by and through her attorney
Dustin Duke, the Court being well and sufficiently advised in the circumstances, hereby
finds:
1 That this Court has jurisdiction over the parties and subject matter herein
and venue is proper.
2 That the Petitioner was granted Emergency Guardianship on August 26",
2022.
3 That an Emergency Hearing was set for September 8°", 2022.
4 That the Respondent was personally served with the Petition, Notice of
Rights, Notice of Ward's Bill of Rights, and Notice of Hearing on August 30°, 2022.
5 That the Respondent's mother was given notice of these proceedings,
appeared at the Emergency Hearing, and signed a Consent to Guardianship.
6 That the Respondent's daughter, Autumn Sinclair, filed a Motion to
Intervene as well as a corresponding Petition for Guardianship on September 7", 2022.
That this Motion was not heard at the Emergency Hearing due to timing and service.
7 That the Intervenor appeared at the Emergency Hearing objecting to the
appointment of Mary Cockrell as the Respondent’s Temporary Guardian.
8 That the Petitioner does not object to Autumn Sinclair intervening in this
matter for the purpose of filing her own Petition for Guardianship.
9 That the Motion to Intervene is granted, the Intervenor shall be a named
party in the action and shall receive notice of any subsequent filings or hearings.
10. That based on the testimony and evidence presented at the Emergency
Hearing, it is evident that the Respondent is in need of a Temporary Guardianship and
that there is imminent danger to the health and property of the Respondent.
11. That one of the Respondent's treating physicians authored a “Certificate of
Medical Professional” which recommends guardianship as the least restrictive means to
care for the Respondent and his property.
12. That Mary Cockrell, whose address is 305 S. 39" St., Rogers, Arkansas
72758, is the biological sister of the Respondent and is legally qualified to serve as
guardian of the person and estate of Ricky Lynn Sinclair. The nominated person is a
natural person who is a resident of this state, is at least 18 years of age, is of sound mind
and is not a convicted and unpardoned felon.
13. That Petitioner shall keep the Intervenor informed of any medical or financial
updates or any medical or financial decisions that she makes on the Respondent's behalf.
14 That until the final hearing below the Petitioner shall be authorized to have
the care and custody of and exercise control over the incapacitated person, including but
not limited to all medical and financial matters, and to take possession of and administer
his property, as authorized by law.
15 That the Circuit Clerk shall issue Letters of Temporary Guardianship to Mary
Cockrell, expiring on the Final Hearing date below.
16 That a review hearing in this matter shall be held on Wednesday, November
9, 2022 at 1:30 p.m. at the Benton County Courthouse, Division IV.
IT IS SO ORDERED
This Document is electronically signed by:
HON. JOHN SCOTT, CIRCUIT JUDGE
Approved as to form:
ff
“lh Duke,
hi iy,Bar 2001242
AR Law Partners, PLLC
Attorneys for Intervenor
dustin@arlawpartners.com
2405 Old Wire Road
Fayetteville, AR 72703
(479) 480-4900
AMESTA
9 CZ
7
i “sg
a”
Case Title: RICKY SINCLAIR
Case Number: 04PR-22-938
Type: ORDER TEMPORARY GUARDIANSHIP
So Ordered
Sito 2 dit
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JUDGE JOHN SCOTT
Electronically signed by JRSCOTT on 2022-09-13 09:49:31 page 4 of 4
EXHIBIT F
ELECTRONICALLY FILED
Benton County Circuit Court Probate Division
Betsy Harrell, County Clerk
2022-Nov-09 14:39:05
04PR-22-938
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS ©19WD04 : 3 Pages
PROBATE DIVISION
In The Matter Of the Guardianship of
Ricky Lynn Sinclair,
An Incapacitated Person
Case No.: 04PR-2022-938
MARY COCKRELL PETITIONER
Vv
RICKY LYNN SINCLAIR RESPONDENT
ORDER APPOINTING GUARDIAN
Now on this day of November 2022 comes on to be heard the above referenced
matter, the Petitioner appearing by and through her attorney Jordan L. Snoderly, the
Respondent appearing Pro Se, and the Intervenor appearing by and through her
attorney Dustin Duke, the Court being well and sufficiently advised in the
circumstances, hereby finds:
4
That this Court has jurisdiction over the parties hereto and the subject
matter hereof. That venue is proper in this Court.
2 That all persons entitled to notice of the proceedings have received such
notice or else have waived such notice.
3 That the Petitioner was granted Emergency Guardianship on August 26",
2022.
4 That the Petitioner was granted Temporary Guardianship on September
8th, 2022.
5 That the Respondent's daughter filed a competing Petition for
1
Guardianship on September 7'*, 2022. She has subsequently filed a Notice of
Withdrawal of her Petition for Guardianship.
6 That a Certificate of Medical Professional has been filed herein attesting to
the incapacity of the Ward.
7 That the Ward is an incapacitated person and is in need of a Guardian of
the person and estate.
8 That Mary Cockrell, whose address is 305 S. 39" St., Rogers, Arkansas
72758, is the biological sister of the Respondent and is legally qualified to serve as
guardian of the person and estate of Ricky Lynn Sinclair. The nominated person is a
natural person who is a resident of this state, is at least 18 years of age, is of sound
mind and is not a convicted and unpardoned felon.
9 That the Clerk of this Court should issue Letters of Guardianship to Mary
Cockrell.
10. That the Petitioner shall be authorized to have the care and custody of
and exercise control over the incapacitated person, including but not limited to all
medical and financial matters, and to take possession of and administer his property, as
authorized by law.
11. That the estate of the Ward is composed of various personal property and
two pieces of real property. That the bond based on the value of the personal property
will be dispensed with upon the Guardian depositing all of the personal property on
interest in a bank in Arkansas insured by the Federal Deposit Insurance Corporation or
a savings and loan association insured by the Federal Savings and Loan Insurance
Corporation or a credit union in Arkansas insured by the National Credit Union
2
Administration as long as the value of the estate be not greater than the amount of the
maximum insurance provided by law for a single depositor, and provided that the bank,
savings and loan association, or credit union files with the Probate Clerk of this Court an
agreement not to permit any withdrawal from the deposit except upon authority of a
Probate Court Order. If the Ward’s current bank does not allow for said account, the
Guardian shall be authorized to withdraw and re-deposit his funds into a bank that will
allow for the aforementioned restrictions.
12. That the Guardian shall be authorized to use the Ward’s funds to continue
paying all previously re-occurring bills, tax statements, utility bills, groceries, insurance,
phone bills, or other services required for normal daily activities. Any extraordinary
purchases shall be approved by this Court. If the Guardian incurs expenses on behalf of
the Ward due to this provision, she may Petition the Court for reimbursement of said
expenses upon proof of the same.
13. That the appointed guardian is aware of the requirement to file an annual
report and accounting and that the appointed guardian further understands that failure
to file such annual report and accounting may lead to a finding of contempt and
sanctions.
IT IS SO ORDERED.
oO 1 SAV
C
Hon/John Scott, Circuit Judge
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