Details for RULE 81 SUMMONS(BY PUBLICATION)

RULE 81 SUMMONS (BY PUBLICATION) IN THE CHANCERY COURT OF STONE COUNTY, MISSISSIPPI KALEB WYATT CATER PETITIONER VS. NO. 21-92 (MA) HARMONY PAIGE CATER RESPONDENT THE STATE OF MISSISSIPPI TO: HARMONY PAIGE CATER, NOT TO BE FOUND AFTER DILIGENT SEARCH AND INQUIRY, AND HER LAST KNOWN LOCATION WAS 413 IOWA STREET, WIGGINS, MISSISSIPPI, AND NASHVILLE, TENNESSEE AREA NOTICE TO RESPONDENT You have been made a Respondent in the suit filed in this Court by KALEB WYATT CATER seeking to Appoint a Guardian Ad Litem, Terminate Parental Rights of Mother and Other Relief. You are summoned to appear and defend against said Petition to Appoint Guardian Ad Litem, Terminate Parental Rights of Mother and Other Relief at 9:00 a.m. on the 4th day of August, 2021, in the Chancery Courtroom of the Harrison County Courthouse at Gulfport, Mississippi, wherein a hearing on will be held on Appointing a Guardian Ad Litem. You must take immediate action to protect your rights. Pursuant to Miss. Code Ann.§93-15-113, the following actions will take place: (1) A hearing on the involuntary termination of parental rights shall be conducted without a jury and in accordance with the Mississippi Rules of Evidence. The Court may exclude the attendance of the children from the hearing with the consent of the children’s guardian ad litem or legal counsel. (2) (a) At the beginning of the involuntary termination of parental rights hearing, the Court shall determine whether all necessary parties are present and identify all persons participating in the hearing, determine whether the notice requirements have been compiled with and, if not, determine whether the affected parties intelligently waived compliance with the notice requirements; explain to the parent the purpose of the hearing, the standard of proof required for terminating parental rights, and the consequences if the parent’s parental rights are terminated. The Court shall also explain to the parent: i. The right to counsel; ii. The right to remain silent; iii. The right to subpoena witnesses; iv. The right to confront and cross examine witnesses; and v. The right to appeal, including the right to a transcript of the proceedings. (b) The Court shall then determine whether the parent before the Court is represented by counsel. If the parent wishes to retain counsel, the Court shall continue the hearing for a reasonable time to allow the parent to obtain and consult with counsel of the parent’s own choosing. If an indigent parent does not have counsel, the Court shall determine whether the parent is entitled to appointed counsel under the Constitution of the United States, the Mississippi Constitution of 1890, or statutory law and, if so, appoint counsel for the parent and then continue the hearing for a reasonable time to allow the parent to consult with the appointed counsel. The setting of fees for court-appointed counsel and the assessment of those fees are in the discretion of the Court. In case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the petition. You are not required to file an answer or other pleading but you may do so if you desire. Issued under my hand and seal of said court, this the 28th day of June, 2021. SAMUEL TOM SMITH, Chancery Clerk BY: Cynthia Rogers, D.C. Stone County, Mississippi Issued at the Request of: DEAN HOLLEMAN, MSB#2523 BOYCE HOLLEMAN & ASSOCIATES 1720—23rd Avenue-Boyce Holleman Blvd. Gulfport, MS 39501 (228) 863-3142 Telefax (228) 863-9829 dean@boyceholleman.com PUBLISH: 07/07/21, 07/21/21, 07/21/21, and 07/28/21

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