IN THE IOWA DISTRICT COURT FOR WASHINGTON COUNTY
____________________________________________________________________________
IN THE MATTER OF |
GUARDIANSHIP AND | NO. GCPR002248
CONSERVATORSHIP OF | JAMES PERRY DAVIS. ____________________________________________________________________________ PLAINTIFF’S RECOMMENDATIONS CONCERNING APPOINTMENT OF GAL ____________________________________________________________________________ Background Per the court order, dated July 20, 2015. Judge Myron Gookin ordered that a hearing shall be held on the appointment of a guardian ad litem on August 7, 2015, at 10:30 a.m. Cynthia D. Hucks prior attorney for Cindy L. Davis (mother of James Perry Davis) filed a petition on January 10th, 2014, requesting the appointment of a guardian ad litem. Trial was set for January 31, 2014. On January 31, 2014, Myron Gookin, appointed Patricia Lipski as guardian ad litem for James Perry Davis. Misty M. Davis and Cindy Lou Davis initially reached out via Facebook to Patricia Lipski on February 12, 2014. Mrs. Lipski offered the following ways of contact: cell phone, email, P.O. BOX and her home address. Mrs. Lipski stated, "I will do my best to make myself as available as possible." Ms. Davis then suggested meeting in Washington, IA. However, thirteen days went by without a response. On February 26th, 2014, Ms. Davis contacted Mrs. Lipski once again via Facebook inquiring on when would be the best time to meet up with our family. Ms. Lipski failed to respond. On May 27, 2014, Ms. Davis once again asked Ms. Lipski for the best address to drop a motion by and no response was given via Facebook. Mrs. Davis located Mrs. Lipski's address via her prior message on Facebook and simply drove by Mrs. Lipski's house where she noticed her car was parked in the alley. Ms. Davis rang the doorbell, knocked and attempted to call Mrs. Lipski with no response. Ms. Davis dropped the motion off and took a photo confirming the house. Mrs. Lipski then responded, "I'm sorry. I've been out of town at DR appt, then at a meeting, both my children. I got the paper you filed & will prepare an appropriate response." Ms. Lipski suggested on August 4, 2014, that she would be willing to travel to Cedar Rapids on the 7th and could meet. However, on August 6th, 2014, Mrs. Lipski had a schedule change and stated she would need to reset the meeting to
next week. Ms. Davis suggested that both parties could meet up prior to court. However, time went by and Mrs. Lipski was not willing to rearrange her schedule to meet up with James Perry Davis's family. Ms. Davis filed a motion to remove Mrs. Lipski as guardian ad litem. On August 22, 2014, Patricia Lipski was removed as guardian ad litem and Katie Lujan was appointed. Due to conflict of interest Katie Lujan was removed as guardian ad litem and a pretrial conference was set for September 5th, 2014. No further action was taken on this issue. Suggestion Ms. Davis does not believe having Patrica Lipski as guardian ad litem would be beneficial to herself, James Perry Davis, Katherine KerrDavis or Cindy Lou Davis. Patricia Lipski has failed on numerous occasions to meet with the family, attend court hearings and file on time. Due to this, Patricia Lipski has not invested her time wisely and has caused further alienation and isolation. With the family dynamics and strife caused by this it is important for Jim to have contact with his family, but his family needs to work together for what’s best for Jim. Patricia Lipski is overly biased on this particular case and is not committed to helping the family and team work together which was the initial goal. Patricia Lipski did not perform the responsibilities and duties set forth by the court. She did not treat all parties with respect and courtesy. Patricia Lipski did not make reasonable efforts to become informed of the case, did not request evaluations or test of the parties, did not inform the court in a timely fashion of relevant information, did not inform individuals of her role in the case or treat all parties with respect and courtesy. Ms. Davis request that Patricia be removed from the case completely as well as all reports filed by Mrs. Lipski be denied as evidence during any trial that make take place in correlation to the individuals involved. Dated: CEDAR RAPIDS, IOWA
JULY 20TH, 2015.
Respectfully submitted,
_/s/ misty davis
Misty Morgan Davis
70***************
Cedar Rapids, IA 52403
____________________________________________________________________________
IN THE MATTER OF |
GUARDIANSHIP AND | NO. GCPR002248
CONSERVATORSHIP OF | JAMES PERRY DAVIS. ____________________________________________________________________________ PLAINTIFF’S RECOMMENDATIONS CONCERNING APPOINTMENT OF GAL ____________________________________________________________________________ Background Per the court order, dated July 20, 2015. Judge Myron Gookin ordered that a hearing shall be held on the appointment of a guardian ad litem on August 7, 2015, at 10:30 a.m. Cynthia D. Hucks prior attorney for Cindy L. Davis (mother of James Perry Davis) filed a petition on January 10th, 2014, requesting the appointment of a guardian ad litem. Trial was set for January 31, 2014. On January 31, 2014, Myron Gookin, appointed Patricia Lipski as guardian ad litem for James Perry Davis. Misty M. Davis and Cindy Lou Davis initially reached out via Facebook to Patricia Lipski on February 12, 2014. Mrs. Lipski offered the following ways of contact: cell phone, email, P.O. BOX and her home address. Mrs. Lipski stated, "I will do my best to make myself as available as possible." Ms. Davis then suggested meeting in Washington, IA. However, thirteen days went by without a response. On February 26th, 2014, Ms. Davis contacted Mrs. Lipski once again via Facebook inquiring on when would be the best time to meet up with our family. Ms. Lipski failed to respond. On May 27, 2014, Ms. Davis once again asked Ms. Lipski for the best address to drop a motion by and no response was given via Facebook. Mrs. Davis located Mrs. Lipski's address via her prior message on Facebook and simply drove by Mrs. Lipski's house where she noticed her car was parked in the alley. Ms. Davis rang the doorbell, knocked and attempted to call Mrs. Lipski with no response. Ms. Davis dropped the motion off and took a photo confirming the house. Mrs. Lipski then responded, "I'm sorry. I've been out of town at DR appt, then at a meeting, both my children. I got the paper you filed & will prepare an appropriate response." Ms. Lipski suggested on August 4, 2014, that she would be willing to travel to Cedar Rapids on the 7th and could meet. However, on August 6th, 2014, Mrs. Lipski had a schedule change and stated she would need to reset the meeting to
next week. Ms. Davis suggested that both parties could meet up prior to court. However, time went by and Mrs. Lipski was not willing to rearrange her schedule to meet up with James Perry Davis's family. Ms. Davis filed a motion to remove Mrs. Lipski as guardian ad litem. On August 22, 2014, Patricia Lipski was removed as guardian ad litem and Katie Lujan was appointed. Due to conflict of interest Katie Lujan was removed as guardian ad litem and a pretrial conference was set for September 5th, 2014. No further action was taken on this issue. Suggestion Ms. Davis does not believe having Patrica Lipski as guardian ad litem would be beneficial to herself, James Perry Davis, Katherine KerrDavis or Cindy Lou Davis. Patricia Lipski has failed on numerous occasions to meet with the family, attend court hearings and file on time. Due to this, Patricia Lipski has not invested her time wisely and has caused further alienation and isolation. With the family dynamics and strife caused by this it is important for Jim to have contact with his family, but his family needs to work together for what’s best for Jim. Patricia Lipski is overly biased on this particular case and is not committed to helping the family and team work together which was the initial goal. Patricia Lipski did not perform the responsibilities and duties set forth by the court. She did not treat all parties with respect and courtesy. Patricia Lipski did not make reasonable efforts to become informed of the case, did not request evaluations or test of the parties, did not inform the court in a timely fashion of relevant information, did not inform individuals of her role in the case or treat all parties with respect and courtesy. Ms. Davis request that Patricia be removed from the case completely as well as all reports filed by Mrs. Lipski be denied as evidence during any trial that make take place in correlation to the individuals involved. Dated: CEDAR RAPIDS, IOWA
JULY 20TH, 2015.
Respectfully submitted,
_/s/ misty davis
Misty Morgan Davis
70***************
Cedar Rapids, IA 52403
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