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  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
  • SINCLAIR ETAL V POOLE ETAL CIVIL - OTHER document preview
						
                                

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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 UY } 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 }