bo ww OR RECORS wo. SCORECOL “TOISJAN21. PH 1:28 ‘JOHATHAN TAYLOR EVANS § INTHE DISTRICT COU! s s Ss ve s JUDICIAL DISTRICT $ $ s s SAMANTHA FRANCIS: § BOWIECOUNTY, TEXAS BATTENFIELD s ORIGINAL PETITION FOR ORDER OF DISPOSITON OF REMAINS 1 Discovery Level Discovery in this casei intended to be conducted underllevel 2 of ule 190 of the Texas Rules of Civil Procedure. 2 Objection to Assignment of Case to Associate Judge Petitioner objects to the assignment of this matter to an associate judge for a tial on the merits. Petitioner seeks an expedited hearing, 3 Parties This suitis brought by JONATHAN TAYLOR EVANS, Petitioner. Thelast three numbers of JONATHAN TAYLOR EVANS's driver's license number are 242. The last three numbers of JONATHAN TAYLOR EVANS's Social Security number are 276. SAMANTHA FRANCIS BATTENFIELD is Respondent. = Domicile Petitioner and his son, JONATHAN BRAXTON PIERCE EVANS, have been domiciliaries and residents of Bowie County, Texas for the preceding six-month period. “Original Feton Jor Order of Dispostion of Remains Page 1of35 Seevice of Process. Respondent is resident of Miller County, Arkansas and may be served with process at 2893, MC 32 Arkansas 71834. 6. Factual Allegations (On January 15,2015, the parties' son, JONATHAN BRAXTON PIERCE EVANS, tragically died from injuries he sustained from a four-wheeler accident. At the time of his death, JONATHAN, BRAXTON PIERCE EVANS, was a domiciliary and resident of Bowie County, Texasand attended school at CK Bender Elementary School in Liberty Eylau, Texas. Petitioner, JONATHAN TAYLOR EVANS, is also a domiciliary and resident of Bowie County, Texas. Respondent, SAMANTHA FRANCIS BATTENFIELD, is a resident of Doddridge, Miller County, Arkansas. Petitioner and Respondent have been unable to agree where their son should be buried. Petitioner seeks an Order {for Disposition of Remains Ordering that JONATHAN BRAXTON PIERCE EVANS be permitted to be buried in Bowie County, Texas. Respondent has refused to agree that JONATHAN BRAXTON PIERCE EVANS be buried in Bowie County, Texas but insists that he be buried in Smyma, Arkansas, some 236 miles away from where most of JONATHAN BRAXTON PIERCE EVANS" classmates, friends and relatives reside. Petitioner has made funeral and burial arrangements with Hanner Funeral Home located in Atlanta, Texas with the burial totake place at Chapplewood Cemetary in Wake Village, Texas. The funeral was held on January 20, 2015, however, JONATHAN BRAXTON PIERCE EVANS' burial has yet to be scheduled as the parties ‘cannot agree as to where the burial should be performed. Petitioner therefore requests this Honorable Court to enter an Order of Disposition of Remains as authorized by Texas Health andeee ow wd Safety Code S711.002(k) Ordering that JONATHAN BRAXTON PIERCE EVANS be buried atthe ‘Chapplewood Cemetery located in Bowie County, Texas. 7 Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant Petitioner's Motion and for all other relief requested in this Petition, Petitioner prays for general relief Respectfully submitted, ao ‘Condit 4080 Summerhill Square Texarkana, TX 75503 Tel: (903) 255-0472 Fax: (903) 2550478 State Bar No. 04656550 Attorney for Petitioner (Original Peon for Onder of Dpostion of Remains Page sof3