Mary Cummins 645 W 9th St #110-140 Los Angeles, CA 90015 Direct: (310) 877-4770 mmmaryinla@aol.com May 18, 2016 County Court 3 Judge Mike Hrabal 100 E. Weatherford St, Room 290A Fort Worth, TX, 76196-0240 RE: Request for Signed Order Indigence - Proposed Order attached Amanda Lollar vs Mary Cummins, 2015-002259-2, Filed in County Court 2, now in County Court 3 May 17, 2016 I sent the attached letter to the court. I filed an affidavit of inability to pay Doc ID# 19 in this case January 6, 2016. Plaintiff filed a contest. It was supposed to be heard February 16, 2016. It had to have been heard before any other motion legally. At that hearing Plaintiff did not wish to hear their own contest. That means they did not contest. The motion to dismiss was heard by Judge Jennifer Rymell. There was no order for continuance or extension written, signed or filed for the contest. The case and all the filed motions were then transferred to County Court 3. Plaintiff's attorney then requested a hearing for Plaintiff's contest at the same time as my hearing to dismiss April 4, 2016. They were scheduled. At the last second Judge Hrabal cancelled the hearing stating his schedule was too full that afternoon. The hearing with both motions was rescheduled for today May 17, 2016. Plaintiff did not request their contest to be heard. The motion to dismiss was heard then denied. There was no contest heard. My indigence is therefore affirmed because they did not contest it. Any contest had to be heard before the motion to dismiss and it wasn't. My indigence is therefore affirmed. February 2016 I was declared indigent in California in case BS140207. That order is also attached. I was previously declared indigent in Texas district, Appeal and the Supreme Court of Texas 2012-2015. I was also previously declared indigent in California Superior and Appeals court 2013-2015. I receive government aid in the form of Medi-Cal insurance. This means I'm automatically declared indigent in Texas as I receive public aid based on indigency. I've attached a proposed order on the affidavit of indigence. Could you please have the judge sign it? I am filing an appeal on the motion to dismiss and need the transcript. Could you also please send me the signed and filed order on the motion to dismiss. Thank you. Sincerely, Mary Cummins Attached: May 17, 2016 letter to court, Proposed order
Mary Cummins 645 W 9th St #110-140 Los Angeles, CA 90015 Direct: (310) 877-4770 Fax: (310) 494-9395 mmmaryinla@aol.com www.marycummins.com May 17, 2016 County Court 3 Judge Mike Hrabal Court Coordinator Court Reporter 100 E. Weatherford St, Room 290A Fort Worth, TX, 76196-0240 RE: Amanda Lollar vs Mary Cummins, 2015-002259-2, Filed in County Court 2, now in County Court 3 The hearing for motion to dismiss was heard today in this court by Judge Mike Hrabal at 1:15 p.m. Texas time. Court reporter Shari J. Steen took the minutes. I requested a copy of the minutes from Steen. Steen stated I must pay $125 for the minutes. I don't have $125 as I am indigent. I filed an affidavit of inability to pay Doc ID# 19 in this case January 6, 2016 attached. Plaintiff filed a contest. It was supposed to be heard February 16, 2016. It had to have been heard before any other motion legally. At that hearing Plaintiff did not wish to hear their own contest. That means they did not contest. The motion to dismiss was heard by Judge Jennifer Rymell. As soon as Judge Rymell saw the evidence which proved I never defamed Plaintiff, there was no breach of contract, all the evidence was forged, the affidavits were perjured, Judge Rymell recused herself from the case. There was no order for continuance or extension written, signed or filed for the contest. The case and all the filed motions were then transferred to County Court 3. Plaintiff's attorney then requested a hearing for Plaintiff's contest at the same time as my hearing to dismiss April 4, 2016. They were scheduled. At the last second Judge Hrabal cancelled the hearing stating his schedule was too full that afternoon. The hearing with both motions was rescheduled for today May 17, 2016. Plaintiff did not request their contest to be heard today. The motion to dismiss was heard then denied. There was no contest heard. My indigence is therefore affirmed because they did not contest it. I am legally requesting a copy of the minutes for free as I am indigent. The court reporter stated she will
not give them to me unless I pay as she sees no affidavit of indigence on record. There is one filed January 6, 2016 Doc ID#19. If I am denied the minutes, I can't appeal. I will be denied a fair hearing. I am also requesting the audio recording of the hearing from the court reporter. The court reporter always has an audio copy of the hearing which she keeps until she writes the minutes and they are approved by all parties. I request that the audio recording be saved permanently and not deleted. I will need this if I have to reconstruct the court record from audio recordings and witnesses who were on the phone. I need the record as I will be appealing this decision. Plaintiff has repeatedly tried to make it impossible for me to appear for hearings, reply or appeal. He previously filed a motion for contest which was ultimately denied October 2012. Plaintiff's attorney Randy Turner along with Judge William Brigham tried to make it impossible for me to appear for the hearing. Judge Brigham gave me 72 hour notice mid Friday for a hearing Monday morning in Texas. I am indigent. I can't afford to fly to Texas at last minute rates or ever now. I requested a telephonic appearance which Judge Brigham had previously allowed. I called the court and was told the motion for telephonic appearance was denied. I told them I was on the phone but they wouldn't let me appear by phone. Judge William Brigham knowing full well that I was in California on the phone sent the bailiff to look for me in the hallway. He even gave me an extra 20 minutes to miraculously show up in the hallway 1,400 miles away which would take 19 hours by car or three hours of flight not to mention time to/from the airport. I lost that hearing and appealed it. The unethical, illegal behavior in this case has been beyond appalling. It s surreal. The Second Court of Appeals ruled that Judge William Brigham abused his discretion, attached. The Appeals court ruled Judge Brigham was in the wrong and behaved poorly. The hearing was ordered back to the court to be heard. I appeared by phone and won that hearing with the identical brief and evidence. I was declared indigent. I have less money than I did in 2012. I don't even have a bank account currently. I am indigent. If you look at the docket, a $2 court fee kept bouncing. I couldn t even pay a $2 bill. Plaintiff's attorney Randy Turner has a very long history of abusing the courts and Judges in this manner. Turner is so corrupt that he brags about it in court and in writing. Turner bragged to me "I've known this judge for years. He'll sign anything I put in front of him." 86 year old Judge Brigham signed three orders that Brigham didn't write or even read. Two were reversed completely. The last was reversed for 3/4 claims. The order was voided. I know full well what is happening here. Randy Turner bragged to me that he controls all the judges in Fort Worth, Texas. He told me "I tell them to jump, they say 'how high?'" Two judges have recused themselves in these cases as they don't want to be involved in this unethical behavior. A third Judge Bonnie Sudderth instead took vacation time for the exact time of one hearing and the trial. She specifically requested long retired 86 year old visiting Judge William Brigham. Judge Brigham did not sign and file an oath of office. I could go on and on about this unethical behavior. It's even mentioned in the two amicus briefs written on my behalf by two of the best freedom of speech and animal rights lawyers in the US. I have been declared indigent by the courts in 2012, 2013, 2014, 2015 and 2016 in courts in TX and CA in these cases with this Plaintiff. Please, tell this to the court reporter. Please, send me the minutes so I can appeal my motion to dismiss. Or you can sign an order granting my motion to dismiss. There is no way a
Court or Judge can look at themselves in the mirror and state that forged evidence, perjured affidavits and falsified statements can ever be "sufficient proof" of false allegations. This is beyond ridiculous. Sincerely, Mary Cummins
1 Cause No 2015-002259-2 2 3 4 5 6 7 AMANDA LOLLAR Plaintiff, vs. MARY CUMMINS, Defendant County Court No 2 TARRANT COUNTY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DEFENDANT S AFFIDAVIT OF INDIGENCE TO THE HONORABLE JUDGE OF SAID COURT: Mary Cummins, Defendant, files this affidavit of indigence. In support thereof, the DEFENDANT would respectfully show the Court the following: Defendant filed an Affidavit of Indigence in the Second Court of Appeals in case 352-248169-10 on September 11, 2012 in appeal 12-00285-CV. Contests to an affidavit of inability to pay were filed. Defendant filed Reply to Contests along with Motion for Telephonic Hearing with FIAT. Defendant had previously been allowed to appear by phone in this court with this Judge. Out of state California pro se indigent Defendant was given minimum notice midday Friday of a Monday morning hearing on the Contests to affidavit of inability to pay. Defendant s Motion for Telephonic Hearing was never heard. Defendant was not allowed to appear by phone. Defendant lost the hearing because Defendant did not appear in Texas in person. 25 DEFENDANT S AFFIDAVIT OF INDIGENCE - 1
Defendant petitioned to the Appeals Court in regard to Order denying Petition for Indigence. October 22, 2012 Appeals Court ruled that the Judge abused his discretion not allowing an Indigent pro se out of state Defendant to appear by phone or at least by her filed brief. Appeals court reversed the court order and remanded the case back to district court for rehearing with telephonic appearance by Defendant. Hearing was held October 31, 2012. Defendant appeared by phone. Court granted Defendant s Affidavit of Indigence (Exhibit 1). Defendant is still indigent as of this date. Everything stated in the original Affidavit is still true. Defendant is also now physically disabled due to a severe back injury suffered on premises of Plaintiffs in Texas. Defendant is awaiting back surgery. Defendant now also receives free Medi-Cal medical insurance from the government. Defendant does not have a job, bank account or credit card. Defendant prays that this Court accepts, grants this Affidavit of Indigence. Respectfully submitted, Mary Cummins Appellant In Pro Per 645 W. 9th St. #110-140 Los Angeles, CA 90015-1640 (310) 877-4770 (310) 494-9395 Fax mmmaryinla@aol.com DEFENDANT S AFFIDAVIT OF INDIGENCE - 2
1 2 3 4 5 6 7 8 9 10 11 12 13 CERTIFICATE OF SERVICE I, Mary Cummins, hereby certify that a TRUE COPY of the above DEFENDANT S AFFIDAVIT OF INDIGENCE was served on the Plaintiffs Attorney of record by efiletexas Randy Turner Bailey & Galyen 1300 Summit #650 Fort Worth, TX 76021 rturner@galyen.com this 6 th day of January, 2016 Mary Cummins, Defendant Pro se 645 W 9 th St, #110-140 Los Angeles, CA 90015-1640 Phone 310-877-4770 Email: mmmaryinla@aol.com 14 15 16 17 18 19 20 21 22 23 24 25 DEFENDANT S AFFIDAVIT OF INDIGENCE - 3
DEFENDANT S AFFIDAVIT OF INDIGENCE Cause No 2015-002259-2 AMANDA LOLLAR Plaintiff, vs. MARY CUMMINS, Defendant County Court 2 TARRANT COUNTY ORDER Defendant filed an affidavit of indigence January 6, 2016 Doc ID#19. Plaintiff filed a contest which was twice set for hearing. Plaintiff did not want the contest heard February 16, 2016. Plaintiff did not request the contest to be heard May 17, 2016. No contest was ever heard. Defendant is granted indigence standing in this case. Date. Judge Presiding