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`£on F XIX
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`SUIT NO. 2009-54783
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`HARRIS COUNTY, ET AL
`VS.
`RICHARD EARL CHENEY, ET AL
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`§
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`IN THE DISTRICT COURT
`133RD JUDICIAL DISTRICT
`HARRIS COUNTY, TEXAS
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`ORDER TO DISBURSE FUNDS
`FROM THE REGISTRY OF THE COURT
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`On the 30th day of April, 2012, came on for consideration Plaintiffs’ Motion to Withdraw Funds
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`from the Registry of the Court. After consideration of the evidence and arglment of counsel, the Court is
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`the opinion that the relief requested by the Petition should be granted. It is accordingly,
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`ORDERED that Plaintiffs’ Petition to Withdraw Funds from the Registry of the Court is hereby
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`GRANTED.
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`IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, the District Clerk is hereby
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`ordered to disburse from the funds held in the Registry of the Court the sum of: $130.00 (for out of
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`county citation fee) to: Linebarger Goggan Blair & Sampson, LLP, 1300 Main, Suite 300, Houston,
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`Texas 77002.
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`SIGNED this the 43/0
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`day of
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`SUIT NO. 2009-54783
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`HARRIS COUNTY, ET AL
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`VS.
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`RICHARD EARL CHENEY, ET AL
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`§
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`§
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`IN THE DISTRICT COURT
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`133RD JUDICIAL DISTRICT
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`HARRIS COUNTY, TEXAS
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`PLAINTIFFS’ PETITION TO WITHDRAW FUNDS
`FROM THE REGISTRY OF THE COURT
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`COME NOW, Plaintiff(s) called:
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`HARRIS COUNTY, on behalf of itself and the following county-wide taxing authorities,
`the HARRIS COUNTY DEPARTMENT OF EDUCATION, the PORT OF HOUSTON AUTHORITY
`OF HARRIS COUNTY,
`the HARRIS COUNTY FLOOD CONTROL DISTRICT,
`the HARRIS
`COUNTY HOSPITAL DISTRICT (hereinafter Harris County) and CITY OF SEABROOK,
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`files this, its Motion to Withdraw Funds from the Registry of the Court and has giving notice to the listed
`Defendants below in accordance with section 34.04 of the TEXAS TAX CODE and the TEXAS RULE
`OF CIVIL PROCEDURE 21a:
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`1.
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`Plaintiff(s)
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`filed
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`suit
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`against defendants, Richard Earl Cheney TDJC #01369505
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`SID#05458860; Carri Leah Stark Keene aka Carrie Peltier; State of Texas and Natchez Landing
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`Townhomes Owner’s, for delinquent taxes on a real property. A judgment for foreclosure was signed on
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`September 27, 2011,
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`in this cause and pursuant to said judgment the subject property was sold on
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`February 7, 2012 at a Constable’s Sale to the highest bidder. The Constable’s office distributed the
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`amounts remaining due under the judgment for years 2007-2010.
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`Costs pursuant to the judgment, specifically the out of county citation fee, have been deposited
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`into the registry of the court, specifically in Tax Escrow Receipt #263632, by way of the Constable Tax
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`Sale held on February 7, 2011. See District Clerk’s Registry Printout attached hereto and incorporated
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`herein as Exhibit “A.” The citation fee totals $130.00, as listed on the District Clerk’s Bill of Costs. See
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`Statement of Accrued Costs/Fees attached hereto and incorporated herein as Exhibit “B.”
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`Funds from the sale, in the amount of $14,237.16, specifically in Tax Escrow Deposit Receipt
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`#263633, was deposited into the Registry of the Court. A recent order was signed on April 16, 2012,
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`recorded under District Clerk’s Image No. 51934242, granting the disbursement of the full amount of
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`FILEDChris Daniel
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`District Clerk
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`APR 2 0 2012
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`Time:
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`$14,237, leaving a zero balance. See District Clerk’s Registry Printout and signed Order attached hereto
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`and incorporated herein as Exhibit “C.”
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`II.
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`WHEREFORE, PREMISES CONSIDERED, the Plaintiff(s), request the Court to enter an
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`Order directing the District Clerk to pay the amount due from the Registry of the Court, specifically from
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`the Tax Escrow Deposit Receipt #263633, to the Plaintiff(s).
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`Respectfully Submitted,
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`LINEBARGER GOGGAN
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`BLAIR & SAMPSON, LLP
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`1300 MAIN, SUITE 300 (77002)
`P 0 BOX 3064
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`HOUSTON, TX 77253-3064
`(713) 844-3590, (713) 844-3 529 FAX
`I
`o
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`/
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`n
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`Emily K. Watkins
`State Bar No.24052164
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`Attorney for Plaintiff(s)
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`Withdraw Funds from Court Registry
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`Suit No. 2009-54783
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`CERTIFICATE OF SERVICE
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`I hereby certi
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`were sent on the
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`that a complete and correct and a true and correct copy of the attached documents
`ay of a QM /
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`/Z in accordance with Rules 21 and
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`21(a) of the Texas Rules of Civil Procedure to:
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`Perdue Brandon
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`Attorney for Clear Creek ISD
`1235 North Loop West, Ste 600
`Houston, TX 77008
`Fax: 713-862-1429
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`James Bellevue
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`Attorney for Richard Cheney & Carri Stark
`6705 W. Hwy 290, Ste 502-295
`Austin, TX 78735
`Fax: 512-288-0317
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`Karen A. Maxwell
`Attorney for Natchez Landing Townhomes Owners’ Association, Inc.
`1020 Bay Area Blvd, Ste 200
`Houston, TX 77058
`Fax: 281-667-3101
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`State of Texas
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`Greg Abbott, Attorney General
`D/A: Lisa Reid
`209 w. 14‘h St.
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`Austin, TX 78701
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`Attorney Certifying
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`Withdraw Funds from Court Registry
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`Suit No. 2009-54783
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