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$0 W
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`£on F XIX
`
`SUIT NO. 2009-54783
`
`HARRIS COUNTY, ET AL
`VS.
`RICHARD EARL CHENEY, ET AL
`

`g
`g
`
`IN THE DISTRICT COURT
`133RD JUDICIAL DISTRICT
`HARRIS COUNTY, TEXAS
`
`ORDER TO DISBURSE FUNDS
`FROM THE REGISTRY OF THE COURT
`
`On the 30th day of April, 2012, came on for consideration Plaintiffs’ Motion to Withdraw Funds
`
`from the Registry of the Court. After consideration of the evidence and arglment of counsel, the Court is
`
`the opinion that the relief requested by the Petition should be granted. It is accordingly,
`
`ORDERED that Plaintiffs’ Petition to Withdraw Funds from the Registry of the Court is hereby
`
`GRANTED.
`
`IT IS HEREBY ORDERED, ADJUDGED AND DECREED that, the District Clerk is hereby
`
`ordered to disburse from the funds held in the Registry of the Court the sum of: $130.00 (for out of
`
`county citation fee) to: Linebarger Goggan Blair & Sampson, LLP, 1300 Main, Suite 300, Houston,
`
`Texas 77002.
`
`SIGNED this the 43/0
`
`
`
`day of
`
`, 20 [%
`
`
`
`
`
`

`

`SUIT NO. 2009-54783
`
`HARRIS COUNTY, ET AL
`
`VS.
`
`RICHARD EARL CHENEY, ET AL
`





`
`IN THE DISTRICT COURT
`
`133RD JUDICIAL DISTRICT
`
`HARRIS COUNTY, TEXAS
`
`PLAINTIFFS’ PETITION TO WITHDRAW FUNDS
`FROM THE REGISTRY OF THE COURT
`
`COME NOW, Plaintiff(s) called:
`
`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,
`
`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:
`
`1.
`
`Plaintiff(s)
`
`filed
`
`suit
`
`against defendants, Richard Earl Cheney TDJC #01369505
`
`SID#05458860; Carri Leah Stark Keene aka Carrie Peltier; State of Texas and Natchez Landing
`
`Townhomes Owner’s, for delinquent taxes on a real property. A judgment for foreclosure was signed on
`
`September 27, 2011,
`
`in this cause and pursuant to said judgment the subject property was sold on
`
`February 7, 2012 at a Constable’s Sale to the highest bidder. The Constable’s office distributed the
`
`amounts remaining due under the judgment for years 2007-2010.
`
`Costs pursuant to the judgment, specifically the out of county citation fee, have been deposited
`
`into the registry of the court, specifically in Tax Escrow Receipt #263632, by way of the Constable Tax
`
`Sale held on February 7, 2011. See District Clerk’s Registry Printout attached hereto and incorporated
`
`herein as Exhibit “A.” The citation fee totals $130.00, as listed on the District Clerk’s Bill of Costs. See
`
`Statement of Accrued Costs/Fees attached hereto and incorporated herein as Exhibit “B.”
`
`Funds from the sale, in the amount of $14,237.16, specifically in Tax Escrow Deposit Receipt
`
`#263633, was deposited into the Registry of the Court. A recent order was signed on April 16, 2012,
`
`recorded under District Clerk’s Image No. 51934242, granting the disbursement of the full amount of
`
`FILEDChris Daniel
`
`District Clerk
`
`APR 2 0 2012
`
`Time:
`
`

`

`$14,237, leaving a zero balance. See District Clerk’s Registry Printout and signed Order attached hereto
`
`and incorporated herein as Exhibit “C.”
`
`II.
`
`WHEREFORE, PREMISES CONSIDERED, the Plaintiff(s), request the Court to enter an
`
`Order directing the District Clerk to pay the amount due from the Registry of the Court, specifically from
`
`the Tax Escrow Deposit Receipt #263633, to the Plaintiff(s).
`
`Respectfully Submitted,
`
`LINEBARGER GOGGAN
`
`BLAIR & SAMPSON, LLP
`
`1300 MAIN, SUITE 300 (77002)
`P 0 BOX 3064
`
`HOUSTON, TX 77253-3064
`(713) 844-3590, (713) 844-3 529 FAX
`I
`o
`
`/
`
`n
`
`Emily K. Watkins
`State Bar No.24052164
`
`Attorney for Plaintiff(s)
`
`Withdraw Funds from Court Registry
`
`Suit No. 2009-54783
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certi
`
`were sent on the
`
`that a complete and correct and a true and correct copy of the attached documents
`ay of a QM /
`, 20
`/Z in accordance with Rules 21 and
`
`21(a) of the Texas Rules of Civil Procedure to:
`
`Perdue Brandon
`
`Attorney for Clear Creek ISD
`1235 North Loop West, Ste 600
`Houston, TX 77008
`Fax: 713-862-1429
`
`James Bellevue
`
`Attorney for Richard Cheney & Carri Stark
`6705 W. Hwy 290, Ste 502-295
`Austin, TX 78735
`Fax: 512-288-0317
`
`Karen A. Maxwell
`Attorney for Natchez Landing Townhomes Owners’ Association, Inc.
`1020 Bay Area Blvd, Ste 200
`Houston, TX 77058
`Fax: 281-667-3101
`
`State of Texas
`
`Greg Abbott, Attorney General
`D/A: Lisa Reid
`209 w. 14‘h St.
`
`Austin, TX 78701
`
`Attorney Certifying
`
`Withdraw Funds from Court Registry
`
`Suit No. 2009-54783
`
`

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