# Tedde R. Blunck v. Cathy A. Blunck > Texas Court of Appeals, 3rd District (Austin) · June 9, 2015 URL: https://www.frixlaw.com/law-library/cases/4067713 ## Case - **Court:** Texas Court of Appeals, 3rd District (Austin) - **Decided:** June 9, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4067713 ## How later opinions describe it (automated extraction) - holding that turnover statute requires factual showing that judgment debtor has non-exempt property that is not readily subject to ordinary execution ## Opinion text ACCEPTED 03-15-00128-CV 5606085 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/9/2015 3:21:27 PM JEFFREY D. KYLE CLERK CAUSE NUMBER 03-15-00128-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD COURT OF APPEALS 6/9/2015 3:21:27 PM DISTRICT AUSTIN, TEXAS JEFFREY D. KYLE Clerk TEDDER. BLUNCK, Appellant, v. CATHY A. BLUNCK, Appellee. ON APPEAL FROM THE 22N° DISTRICT COURT, HAYS COUNTY, TEXAS TRIAL COURT CAUSE N0.11-1217 APPELLANT'S BRIEF RESPECTFULLY SUBMITTED: TEDDER. BLUNCK, PRO SE 502 QUITMAN STREET P 0 BOX 1152 PITTSBURG, TEXAS 75686 TELEPHONE: (903) 855-8460 TELECOPIER: (903) 855-8465 E-MAIL: tblunck@yahoo.com Identity of Parties and Counsel Appellant/Petitioner: Petitioner/Appellant's Appellate Counsel: Tedde R. Blunck TeddeR. Blunck, ProSe 502 Quitman Street 502 Quitman Street P 0 Box 1152 P 0 Box 1152 Pittsburg, Texas 75686 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com E-mail: tblunck@yahoo.com Appellee/Respondent: Respondent/Appellee's Appellate Counsel: Cathy A. Blunck Mr. Karl E. Hays 1433 Preston Road, Suite 1707 Law Office of Karl E . Hays, PLLC Dallas, Texas 75254 2101 South Highway 35 , Suite 210 Mobile: (214) 668-9468 Austin, Texas 78741 Telecopier: unknown Telephone: (512) 476-1911 E-mail: cablunck@yahoo.com Telecopier: (512) 476-1904 service@haysfamilylaw.com Respectfully Submitted: i II \ ,.,.-- ~~-\_/ i./ · ~z""-"'---- - - / TeddeR. Blunck, ProSe 502 Quitman Street P 0 Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com II TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL 11 TABLE OF CONTENTS 111 INDEX OF AUTHORITIES IV STATEl\tfENT OF THE CASE 1 ISSUES PRESENTED 2 STATEl\tfENT OF FACTS 3 SUMMARY OF THE ARGUMENT 8 ARGUl\tfENT 13 PRAYER 23 CERTIFICATE OF NUNIBER OF WORDS IN BRIEF 24 CERTIFICATE OF SERVICE 24 APPENDIX 25 ll l --~------ INDEX OF AUTHORITIES CASES PAGE(S) M-Cap, Inc. v. Republic of Congo, 462 F .3d 417 (5th Cir. 2006) 8, 14 Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223 (Tex. 1991) 8, 14 Bergeron v. Sessions, 561 S.W.2d 551 (Tex. Civ. App.--Dallas 1977, writ refd n.r.e.) 21,22 Bergman v. Bergman, 828 S.W.2d 555 (Tex. App. - El Paso, 1992, no writ.) 19 Burns v. Miller, et al, 948 S.W.2d 317 (Tex. App. -Dallas, 1997, writ denied) 12, 18,20 Clayton v. Wisener, 169 S.W.3d 682 (Tex. App.--Tyler 2005, no pet.) 10, 16, 17 Elkins v. Stotts-Brown, 103 S.W.3d 664 (Tex. App.-Dallas 2003, no pet.) 17 Estate of Guerrero, 2015 Tex. App. Lexis 4121 (Tex. App.-Houston [14th Dist.], no pet.)_ 11, 16 Ex parte Johnson, 654 S.W.2d 415 (Tex. 1983) 8, 14 Finotti v. Old Harbor Co., 1999 Tex. App. LEXIS 8514 (Tex. App. -- Dallas, no pet.) 9, 15 Garza v. Wilson, 2000 Tex. App. LEXIS 581 , (Tex. App.-Houston [14th Dist.], no pet.) 11, 17 Hodges v. Peden, 634 S.W.2d 8, (Tex. App.--Houston [14th Dist.] 1982, no writ) 23 iv Jones v. Strayhorn, 321 S.W.2d 290 (Tex. 1959) 20, 22 Mansions in the Forest, L.P. v. Montgomery County, 365 S.W.3d 314 (Tex. 2013) 11 , 16 Mayo v. Suemaur Exploration & Prod. LLC, 2008 Tex. App. LEXIS 7164, (Tex. App.-Houston [14 1h Dist.], no pet.) 11 , 16 Moyer v. Moyer, 183 S.W.3d 48 (Tex. App.-Austin 2005, no pet.)_ _ _ __ 9, 12, 15, 18, 19 Roebuck v. Horn, 74 S.W.3d 160, (Tex. App.-Beaumont 2002, no pet.)_ _ __ 9, 12, 15, 17, 18 Schultz v. Fifth Judicial Dist. Court of Appeals at Dallas, 810 S.W.2d 738 (Tex. 1991)_ _ _ _ __ __ _ __ 9, 10, 15, 16, 19 Shanze Enters. V. Amigo MGA, LLC, 2014 U.S. Dist. Lexis 156512 (N.D. Tex. 2014)_ _ _ __ _ _ 9, 15, 19 Stephenson v. LeBoeuf, 2003 Tex. App. LEXIS 7967, (Tex. App.-Houston [14th Dist.], no pet.) 8, 9, 14, 15 Tanner v. McCarthy, 274 S.W.3d 311, (Tex. App.-Houston [lstDist.] 2008, no pet.) 8, 10, 14, 16 Williams Farms Produce Sales, Inc. v. R&G Produce Co., 2014 Tex. App. LEXIS 3369, (Tex. App.-Corpus Christi, no pet.)__ 10, 15 STATUTES Texas Civil Practice & Remedies Code§ 31.002_ __ __ _ _ 8, 11, 14, 17 Texas Property Code Section 42 _ __ _ _ _ _ _ _ __ __ 19 v ------ CAUSE NUMBER 03-15-00128-CV IN THE COURT OF APPEALS FOR THE TIDRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS TEDDE R. BLUNCK, Appellant, v. CATHY A. BLUNCK, Appellee. ON APPEAL FROM THE 22N° DISTRICT COURT, HAYS COUNTY, TEXAS TRIAL COURT CAUSE N0.11-1217 APPELLANT'S BRIEF BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS, FIFTH DISTRICT OF TEXAS: TeddeR. Blunck files this Appellant brief and prays that the judgment of the District Court be reversed and that the matter be remanded to the District Court for a new trial. 0 - - - - - - - -- - STATEMENT OF THE CASE Course of Proceedings and Disposition Below This appeal arises from an action brought by Tedde R. Blunck. Original Petition for Divorce was filed on June 11, 20 11 in the District Court, 22nd Judicial District, Hays County, Texas. On August 8, 9, and 16, 2012, the District Court held a bench trial in the matter. Appellant filed a Request for Finding of Fact on September 3, 2012. A Motion for Judgment with a proposed judgment was filed October 3, 1012. A Final Decree of Divorce was signed October 24, 2012. A second Request for Findings of Fact was filed on November 13, 2012. Finding of Fact were signed on November 15, 2012. Appellant filed a Motion for New Trial November 16, 2012. No order was entered on the Motion for a New Trial. Appellant filed a Motion to Modify, Correct or Reform Judgment November 21, 2012. No order was entered on the Motion to Modify, Correct or Reform Judgment. A Notice of Appeal was filed on January 22, 2013 . The Appeal was dismissed and a Mandate was issued by this Court December 11 , 2014. Appellee filed a Motion for Post-Judgment Receivership Pursuant to Section 31.002, Civil Practices and Remedies Code on January 30, 2015 . (See Clerk's Record at 33, Appendix at 33) Appellant filed an Objection and Special Exception to Appellee's Motion for Post-Judgment Receivership Pursuant to Section 31.002, Civil Practices and Remedies Code (See Clerk's Record at 85, Appendix at 85) and an Objection - - -- ----- to Receiver's Motion to Approve Final Report of Receiver, for Payment of Receiver's Fees and Expenses and to Discharge Receiver (See Clerk's Record at 81, Appendix at 81) on February 9, 2015 prior to the Hearing scheduled for that day. A Hearing was held on the Motion February 9, 2015. Appellant did not attend the Hearing. The District Comi did not rule on either of Appellant's Objections. The District Court entered an Order Approving Receiver's Final Rep01i, Authorizing Payment of Receiver's Fees and Expenses, and Discharging Receiver and an Order Appointing Receiver Pursuant to Section 31.002, Civil Practices and Remedies Code (See Clerk's Record at 72, Appendix at 72) on February 9, 2015. Appellant filed his Notice of Appeal with the District Court (See Clerk's Record at 90, Appendix at 90) February 26, 2015 appealing the District Court's Order Appointing Receiver Pursuant to Section 31 .002, Civil Practices and Remedies Code. ISSUES PRESENTED I. Whether the District Court abused its discretion by entering an Order for turnover relief without any evidence in the record supporting the finding that Appellant had any non-exempt property that cannot be readily attached or levied on by ordinary legal process. II. Whether the District Court abused its discretion because the turnover relief 2 ordered by the District Court is insufficiently specific regarding the property to be turned over and extends to exempt property and property of third parties. m. Whether the Court abused its discretion when it awarded the Receiver, who is an attorney, a fee of $300 per hour for all receiver services, his hourly rate as an attorney, without consideration of a lesser reasonable fee when performing non-attorney functions and when there is no evidence in the record to support that the fees are usual and customary or reasonable and necessary. STATEMENT OF FACTS The facts and circumstances relative to the case are these: Appellant filed for divorce on June 15, 2011. The Parties were married on May 26, 1988 and ceased to live together on or about July 6, 2009. The District Court granted the divorce August 16, 2012 and the Judge signed the Final Decree of Divorce on October 24, 2012. A Notice of Appeal was filed on January 22, 2013. The Appeal was dismissed and a Mandate was issued by this Court December 11 , 2014. Appellee filed a Motion for Post-Judgment Receivership Pursuant to Section 31.002~ Civil Practices and Remedies Code (See Clerk's Record at 33, Appendix at 33) on January 30, 2015. Appellant filed an Objection and Special Exception to Appellee's Motion for Post-Judgment Receivership Pursuant to 3 ------------ - Section 31.002, Civil Practices and Remedies Code (See Clerk's Record at 85, Appendix at 85) and an Objection to Receiver's Motion to Approve Final Report of Receiver, for Payment of Receiver's Fees and Expenses and to Discharge Receiver (See Clerk's Record at 81, Appendix at 81) on February 9, 2015 prior to the Hearing scheduled for that day. A Hearing was held on the Motion February 9, 2015. Appellant did not attend the Hearing. The District Court did not rule on either of Appellant's Objections. (See Clerk's Record at 96, Appendix at 96) The District Court entered an Order Approving Receiver's Final Report, Authorizing Payment of Receiver's Fees and Expenses, and Discharging Receiver (See Clerk's Record at 80, Appendix at 80) and an Order Appointing Receiver Pursuant to Section 31.002, Civil Practices and Remedies Code (See Clerk's Record at 72, Appendix at 72) on February 9, 2015. Appellant filed his Notice of Appeal with the District Court February 26, 2015 appealing the District Court's Order Appointing Receiver Pursuant to Section 31.002, Civil Practices and Remedies Code. (See Clerk's Record at 90, Appendix at 90) No post-judgment discovery has taken place. No testimony was provided at the Hearing on February 9, 2015. (See Reporter's Record at 4, Appendix at 108) The Judge listened only to oral argument of counsel. Counsel for Appellee offered only two exhibits into the record in support of his argument, neither of which was authenticated. The first exhibit "Movant's 1, which is the Living Trust in which 4 Mr. Blunck transferred all of this property." (see Reporter's Record at 15. Appendix at 119) This document was dated December 24, 2012. No evidence was presented that the Living Trust had not been revoked or modified since that date, when in fact the document has been modified twice and both modifications are of public record with the County Clerk in Camp County, Texas and whether the Living Trust even owns any property at this time. Counsel argues that the turnover order is needed so that the Receiver can "exercise Mr. Blunck's rights that he would have under the living trust." (see Reporter's Record at 16, Appendix at 120) No testimony was offered either in open court or via affidavit to authenticate Movant's Exhibit No. 1 (See Appendix at 142) . The document does not comply with Rule 902 of the Texas Rules of Civil Procedure and therefore is not self- authenticating (the copy offered as Exhibit No.1 shows the pen and ink changes initiated by the Settlor and the Trustee, the copy was never recorded). The second exhibit, Movant's No.2, (See Appendix at 173) Counsel argues that ''these are schedules that Mr. Blunck submitted [to the Bankruptcy Court]. And in those schedules Mr. Blunck represented to the Bankruptcy Court that he had exempt property, in addition to what we showed you with the trust and the contract rights that can be executed pursuant to the turnover order." (see Reporter's Record at 19, Appendix at 123) The document is dated July 23, 2013. No evidence was presented that the property listed in the schedules still exists. No evidence or 5 argument was offered or presented in the record that any of the property listed on the schedules was non-exempt. The schedules offered as Movant's No. 2 were not authenticated by testimony or affidavit. The document does not comply with Rule 902 of the Texas Rules of Civil Procedure and therefore is not self-authenticating. The Court's turnover order states in pet1inent part: "Leon Breeden .. . is hereby appointed Receiver. .. with the power and authority to take possession of and sell all leviable property of the Judgment Debtor, including, but not limited to the following non-exempt property: (1) all documents or records, including financial records, related to such property that is in the actual or constructive possession or control of the Judgment Debtor; (2) all fmancial accounts (bank accounts), certificates of deposit, money-market accounts, accounts held by any third party; (3) all securities; (4) all real property, equipment, vehicles, boats, and planes; (5) all safety deposit boxes or vaults; (6) all cash; (7) all negotiable instruments, including promissory notes, drafts, and checks; (8) cause of action or choses of action; (9) contract rights, whether present or future; and ( 10) accounts receivable; and that all such property shall beheld [sic] in custodia legis by said Receiver as of the date of this Order." (see Clerk's Record at 73, Appendix at 73) There is no evidence in the record to support the finding that the Judgment Debtor has any exempt property. The record is devoid of any evidence to suppm1 a finding that the Judgment Debtor has actual or constructive possession of any of 6 the 10 items specified to be turned over to the Receiver. Item No. 2 specifically relates to property held by third patties. The Order goes on to state: "Judgment Debtor is ORDERED to turnover to the Receiver at his office address within five ill [emphasis added] from Judgment Debtor's receipt of a copy of this Order: ( 1) the documents contained on Exhibit "A" attached hereto, together will all documents and financial records which may be requested by Receiver; (2) all checks, cash, securities (stocks and bonds), promissory notes, documents of title, and contracts owned by or in the name of Judgment Debtor." (see Clerks' Record at 73, Appendix at 73). There is no time frame stated in the Order regarding the above. It is impossible to comply with the Order when no time frame is stated. Additionally, this provision of the Order reaches to exempt property and property in the possession of third parties. The Order states in pertinent part: "It is ORDERED the Receiver shall not post a bond. It is further ORDERED that the Receiver sha11 be entitled to Receiver's fees at a rate of $300.00 per hour, which the Court finds to be the customary and usual fee for a turnover receiver." (see Clerk's Record at 76, Appendix at 76). There is no evidence in the record to support the finding that the fees awarded to the Receiver are customary or usual, or reasonable or necessary. No testimony was presented or received, nor were any authenticated exhibits offered or received into evidence to support the fmding. 7 ------------------- - - -- SUMMARYOFTHEARGUMlliNT The trial court must have some evidence to establish the necessary conditions for the application of Texas Civil Practice & Remedies Code § 31.002 exist. The Texas Turnover Statute, Texas Civil Practice & Remedies Code § 31.002, is a procedural device by which judgment creditors may reach assets of a debtor that are otherwise difficult to attach or levy. See Af-Cap, Inc. v. Republic of Congo, 462 F.3d 41 7, 426 (5th Cir. 2006) (citing Beaumont Bank, N.A. v. Buller, 806 S. W.2d 223, 224 (Tex. 1991)). The turnover statute itself does not require notice and a hearing prior to issuance of a turnover order. See Ex parte Johnson, 654 S.W.2d 415, 418 (Tex. 1983). Nevertheless, the trial court "must have some evidence before it that establishes that the necessary conditions for the application of31.002 exist." Tanner v. McCarthy, 274 S. W.3d 311, 322 (Tex. App. -- Houston [1st Dist.] 2008, no pet.). The creditor must show the trial court that: "(1) the debtor owns the property, (2) the property cannot be readily attached, and (3) the property is not exempt." Stephenson v. LeBoeuf, No. 14-2-130-cv, 2003 Tex. App. LEXIS 7967, 2003 WL 22097781, at *2 (Tex. App. --Houston [14th Dist.] Sept. 11, 2003, [*3] no pet.). Creditor failed to carry its burden of proving that the Judgment Debtor owns non-exempt property that could not be readily attached. The District Court abused its di scretion in finding "that the Judgment Debtor owns 8 non-exempt property that cannot be readily attached or levied on by ordinary legal process" (See Clerk's Record at 72, Appendix at 72) when the record contains no evidence to support the finding. For a judgment creditor to prove the required elements, the creditor must "introduce more evidence than just a motion for turnover. The statute requires a factual showing that the judgment debtor has non-exempt property that is not readily subject to ordinary execution." I d. (citing Schultz v. Fifth Judicial Dist. Court of Appeals at Dallas, 810 S.W2d 738, 740 (Tex. 1991)) . "A turnover order must be specific in both identifying the non-exempt property that is susceptible to turnover relief and in tailoring the turnover relief to that property." Moyer v. Moyer, 183 S. W3d 48, 54 (Tex. App. --Austin 2005, no pet.); see also Roebuck v. Horn, 74 S. W3d 160, 163 (Tex. App. -- Beaumont 2002, no pet.) ("A reference to broad categories of assets does not constitute a reference to specific assets that is required in a turnover order."); !d. at 54. ("[T]he trial comt's order must be definite, clear, and concise in its description of the property to be turned over eliminating the need for interpretations, inferences or conclusions."). Shanze Enters. V Amigo MGA, LLC, 13-CV-4311-D, 2014 US. Dist. Lexis 156512 at *3 (N.D. Tex. 2014). Citing Finotti v. Old Harbor Co., No. 5-97-1365-cv, 1999 Tex. App. LEXIS 8514, 1999 WL 1034607, at *1 (Tex. App. --Dallas Nov. 16, 1999, no pet.) 9 The Court therefore may not properly enter a turnover order if there is not at least some probative evidence of the necessary facts supporting the trial court's discretion. See Williams Farms Produce Sales, Inc. v. R&G Produce Co. , No. 13- 12-00365-CV, 2014 Tex. App. LEXIS 3369, 2014 WL 1266118, at *4 {Tex. App. -- Corpus Christi 2014, no pet.). [A] judgment creditor may not receive aid from the court under the provisions of section 31.002 if the judgment debtor does not own property that is non-exempt and that could not readily be attached or levied on by ordinary legal process. Tanner v. McCarthy, 274 S.W3d 311, 322 (2008 Tex. App -Houston, [1st Dist.]) [A] trial court must nonetheless determine that the request for aid pending before the court falls within the scope of section 3 1.002 before it enters an order granting relief under that section. In making this determination, the trial comi must have some evidence before it establishes that the necessary conditions for the application of 3 1.002 exist. See Schultz, 810 S. W2d at 740 (holding that turnover statute requires factual showing that judgment debtor has non-exempt property that is not readily subject to ordinary execution); Clayton v. Wisener, 169 S. W.3d 682, 683-84 (Tex. App.--Tyler 2005, no pet.) (holding that trial court abused its discretion in entering a turnover order without any evidence of facts required by section 31.002(a) and based only on motion and argument of judgment creditor's counsel). !d. The Texas Supreme Court has held that the complete absence of authenticating 10 - ------------- evidence is a defect in substance that can be raised for the first time on appeal. See Mansions in the Forest, L.P. v. Montgomery County, 365 S.W3d 314 at 317{Tex. 2013). This court's precedent holds the same. Estate of Guerrero, 2015 Tex. App. LEXIS 4124 at 27 (2015 Tex. App.- Houston [14th Dist.], no per.) citing Mayo v. Suemaur Exploration & Prod. LLC, No. 14-07-00491-CV, 2008 Te.x:. App. LEXIS 7164, 2008 WL 4355259, at *5; see also Garza v. Wilson, No. 14-98-00928-CV, 2000 Tex. App. LEXIS 581, 2000 WL 64052, at *2 {Tex. App.- Houston [14th Dist.] Jan. 27, 2000, no pet). The absence of an affidavit verifying a copy of the instrument attached as summary judgment proof amounts to no proof. Id. at 25. No testimony was provided to authenticate Movant's No. 1 or Movant's No. 2, nor was either authenticated via affidavit. Movant's No. 1 and Movant' s No. 2 do not comply with Texas Rules of Evidence, Rule 902, and therefore are not self-authenticating. Movant's No. 1 and Movant's No. 2 are not evidence in support of the Movant's motion. Movant has provided no evidence that establishes the necessary conditions for the application of Texas Civil Practice & Remedies Code§ 31.002 exist. Appellee has the burden to -- but does not -- identify any specific non- exempt property or provide any evidence to establish that any specific non -exempt property is susceptible to turnover relief. Appellee has failed to establish that: (1) Appellant owns the property, (2) the property cannot be readily attached, and (3) 11 the property is not exempt. AppeJlee's motion only identifies "broad categories of assets," rather than specific assets as required for a turnover order. Roebuck v. Horn, 74 S. W 3d 160, 163 (2002, Tex. App. -Beaumont). It is not to be left to the debtor to determine what property that person has and whether it is exempt. Otherwise, there would be no need for any 'factual showing' by 'proof of the necessary facts' as required by [the supreme court's] opinion. Moyer v. Moyer, 183 S. W3d 48, 54 (2005 Tex. App.-Austin). Others [cases] acknowledge that this requirement aids in ensuring that the turnover order does not extend to exempt property or property of third parties. Roebuck, 74 S. W3d at 163-64 (broad turnover order improperly extended to assets owned in whole or part by third parties); Burns v. Miller, et al, 05-94-01288 CV, 948 S.W.2d 317, 326-27 (Tex. App. - Dallas, 1997, writ denied). (non-specific order to turn over "cash, money orders, checks . . . in any form and in anyone's possession which Burns beneficially owns or may own in the future" improperly extended to exempt and currently nonexistent property). Id. The Turnover Order states in pertinent part: "Judgment Debtor is ORDERED to turnover to the Receiver at his office address within five (5) [emphasis added] from Judgment Debtor's receipt of a copy of this Order: (I) the documents contained on Exhibit "A" attached hereto, together with all documents and financial records which may be requested by Receiver; (2) all checks, cash, 12 securities (stocks and bonds), promissory notes, documents of title, and contracts owned by or in the name of Judgment Debtor." (See Clerks' Record at 73 , Appendix at 73). There is no time frame stated in the Order regarding the above. It is impossible to comply with the Order when no time frame is stated. Additionally, this provision of the Order reaches to exempt property and property in the possession of third parties. The District Court abused its discretion when it entered a Turnover Order that sets out only in generality the property (which may be exempt and or in the possession of third parties) that is to be turned over and does not specifically state the non-exempt property owned by Judgment Debtor to be turned over and does not Order a specific time frame that the property is be turned over. The District Court also abused its discretion when it Ordered Judgment Debtor to pay the appointed Receiver fees of $300.00 per hour when there is no evidence in the Record to support the finding that such fees are usual and customary or reasonable and necessary. ARGUMENT I. THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT ENTERED AN ORDER FOR TURNOVER RELIEF WITHOUT ANY EVIDENCE IN THE RECORD SUPPORTING THE FINDING 1HAT APPELLANT HAD ANY NON-EXEMPT PROPERTY THAT CANNOT 13 BE READILY AITACHED OR LEVIED ON BY ORDINARY LEGAL PROCESS. The trial court must have some evidence to establish the necessary conditions for the application of Texas Civil Practice & Remedies Code§ 31.002 exist. The Texas Turnover Statute, Texas Civil Practice & Remedies Code § 31.002, is a procedural device by which judgment creditors may reach assets of a debtor that are otherwise difficult to attach or levy. See Af-Cap, Inc. v. Republic of Congo, 462 F3d 417, 426 (5th Cir. 2006) (citing Beaumont Bank, NA. v. Buller, 806 S. W2d 223, 224 (Tex. 1991)). The turnover statute itself does not require notice and a hearing prior to issuance of a turnover order. See Ex parte Johnson, 654 S.W2d 415, 418 (Tex. 1983). Nevertheless, the trial court "must have some evidence before it that establishes that the necessary conditions for the application of 31.002 exist." Tanner v. McCarthy, 274 S. W3d 311, 322 (Tex. App. --Houston [1st Dist.] 2008, no pet.) . The creditor must show the trial court that: "(1) the debtor owns the property, (2) the property cannot be readily attached, and (3) the property is not exempt." Stephenson v. LeBoeuf, No. 14-2-130-cv, 2003 Tex. App. LEXIS 7967, 2003 WL 22097781, at *2 (Tex. App. --Houston [14th Dist.] Sept. 11, 2003, no pet.). For a judgment creditor to prove the required elements, the creditor must 14 "introduce more evidence than just a motion for turnover. The statute requires a factual showing that the judgment debtor has non-exempt property that is not readily subject to ordinary execution.'' I d. (citing Schultz v. Fifth Judicial Dist. Court of Appeals at Dallas, 810 S.W2d 738, 740 (Tex. 1991)). "A turnover order must be specific in both identifying the non-exempt property that is susceptible to turnover relief and in tailoring the turnover relief to that property." Moyer v. Moyer, 183 S. W3d 48, 54 (Tex. App. --Austin 2005, no pet.); see also Roebuck v. Horn, 74 S. W3d 160, 163 (Tex. App. --Beaumont 2002, no pet.) ("A reference to broad categories of assets does not constitute a reference to specific assets that is required in a turnover order."); ld. at 54. ("[T]he trial court's order must be definite, clear, and concise in its description of the property to be turned over eliminating the need for interpretations, inferences or conclusions."). Shanze . Enters. V Amigo MGA, LLC, 13-CV-4311-D, 2014 US. Dist. Lexis 156512 at *3 (ND. Tex. 2014). Citing Finotti v. Old Harbor Co. , No. 5-97-1365-cv, 1999 Tex. App. LEXIS 8514, 1999 WL 1034607, at *1 (Tex. App. --Dallas Nov. 16, 1999, no pet.) The Court therefore may not properly enter a turnover order if there is not at least some probative evidence of the necessary facts supporting the trial court's discretion. See Williams Farms Produce Sales, Inc. v. R&G Produce Co. , No. 13- 12-00365-CV, 2014 Tex. App. LEXIS 3369, 2014 WL 1266118, at *4 (Tex. App. -- 15 Corpus Christi 2014, no p et.) . [A] judgment creditor may not receive aid from the court under the provisions of section 31.002 if the judgment debtor does not own property that is non-exempt and that could not readily be attached or levied on by ordinary legal process. Tanner v. McCarthy, 274 S. W3d 311, 322 (2008 Tex. App - Houston, [1st Dist.]) [A] trial court must nonetheless determine that the request for aid pending before the court falls within the scope of section 31.002 before it enters an order granting relief under that section. In making this determination, the trial court must have some evidence before it that establishes that the necessary conditions for the application of 31.002 exist. See Schultz, 810 S. W2d at 740 (holding that turnover statute requires factual showing that judgment debtor has non-exempt property that is not readily subject to ordinary execution); Clayton v. Wisener, 169 S. W3d 682, 683-84 (Tex. App.--Tyler 2005, no pet.) (holding that trial court abused its discretion in entering a turnover order without any evidence of facts required by section 31.002(a) and based only on motion and argument of judgment creditor's counsel). !d. The Texas Supreme Court has held that the complete absence of authenticating evidence is a defect in substance that can be raised for the first time on appeal. See Mansions in the Forest, L.P. v. Montgomery County, 365 S. W3d 314 at 317(Fex. 2013). This court's precedent holds the same. Estate of Guerrero, 2015 Tex. App. LEXIS 4124 at 27 (2015 Tex. App.- Houston [14th Dist.], no pet. ) citing Mayo v. 16 Suemaur Exploration & Prod. LLC, No. 14-07-00491-CV, 2008 Tex. App. LEXIS 7164, 2008 WL 4355259, at *5; see also Garza v. Wilson, No. 14-98-00928-CV, 2000 Tex. App. LEXJS 581, 2000 WL 64052, at *2 (Tex. App. -Houston [14th Dist.] Jan. 27, 2000, no pet.). The absence of an affidavit verifying a copy of the instrument attached as summary judgment proof amounts to no proof. Id. at 25. No testimony was provided to authenticate Movant's No. 1 or Movant's No. 2, nor was either authenticated via affidavit. Movant's No. 1 and Movant's No. 2 do not comply with Texas Rules of Evidence, Rule 902, and therefore are not self-authenticating. Movant's No. 1 and Movant's No. 2 are not evidence in support of the Movant's motion. Motions and arguments of counsel are not evidence. Clayton v. Wisener, 169 S. W 3d 682, 684 (Tex. App. - Tyler 2005, no pet.) citing Elkins v. Stotts-Brown, 103 S. W 3d 664, 669 (Tex. App.-Dallas 2003, no pet.) . Movant has provided no evidence that establishes the necessary conditions for the application of Texas Civil Practice & Remedies Code § 31.002 exist. Appellee has the burden to -- but does not -- identifY any specific non- exempt property or provide any evidence to establ ish that any specific non-exempt property is susceptible to turnover relief. Appellee has failed to establish that: ( 1) Appellant owns the property, (2) the property cannot be readily attached, and (3) the property is not exempt. Appellee's motion only identifies "broad categories of 17 assets," rather than specific assets as required for a turnover order. Roebuck v. Horn, 74 S. W. 3d 160, 163 (2002, Tex. App. -Beaumont) . It is not to be left to the debtor to determine what property that person has and whether it is exempt. Otherwise, there would be no need for any 'factual showing' by 'proof of the necessary facts' as required by [the supreme court's] opinion. Moyer v. Moyer, 183 S. W.3d 48, 54 (2005 Tex. App.- Austin). Others [cases] acknowledge that this requirement aids in ensuring that the turnover order does not extend to exempt property or property of third parties. Roebuck, 74 S. W3d at 163-64 (broad turnover order improperly extended to assets owned in whole or part by third parties); Burns, 948 S. W2d at 326-27 (non-specific order to turn over "cash, money orders, checks .. . in any form and in anyone's possession which Burns beneficially owns or may own in the future" improperly extended to exempt and currently nonexistent property). !d. The District Court abused its discretion in finding "that the Judgment Debtor owns non-exempt property that cannot be readily attached or levied on by ordinary legal process" (See Clerk's Record at 72, Appendix at 72) when the record contains no evidence to support the finding. II. THE DISTRJCT COURT ABUSED ITS DISCRETION BECAUSE THE TURNOVER RELIEF ORDERED IS INSUFFICIENTLY SPECIFIC REGARDING THE PROPERTY TO BE TURNED OVER AND 18 EXTENDS TO EXElvfPT PROPERTY AND PROPERTY OF TIDRD PARTIES. The Turnover Order is in the nature of a mandatory injunction and is appealable. Schultz v. Fifth Judicial Dist. Ct. of App. at Dallas, 810 S. W2d, 738, 740 (Tex. 1991). To meet the requirements of Section 31.002, the com1's order must be specific in both identifying the non-exempt propet1y that is susceptible to turnover relief and in tailoring the turnover relief to the property. Moyer v. Moyer, 183 S. W3d 48, 54 (Tex. App. - Austin, 2005) . The trial court's order must be definite, clear, and concise in its description of the property to be turned over eliminating the need for interpretations, inferences or conclusions. Shanze Enters. V. Amigo MGA, LLC, 13-CV-4311-D, 2014 U S Dist. Lexis 156512 (N.D. Tex. 2014). It is elementary that an injunction must be definite and concise, leaving the person enjoined in no doubt about his duties, and should not be such as would call on him for interpretation, inferences or conclusions. Bergman v. Bergman, 828 S. W2d 555, 557 (Tex. App. - El Paso, 1992, no writ.) The Turnover Order is neither specific in terms of what is to be turned over or when any particular item is to be turned over. It is not to be left to the debtor to determine what propetiy that person has and whether it is exempt. Otherwise, there would be no need for any 'factual showing' by 'proof of the necessary facts' as required by [the supreme court's] opinion. Moyer v. Moyer, 183 S. W3d 48, 54 (2005 Tex. App.-Austin). Texas 19 Property Code Section 42 specifies certain real and personal property that is exempt. Additional real and personal property is exempt if it is in the possession of third parties or is the assets of a spendthrift trust. Distributions from trusts are not subject to turnover because they are proceeds or disbursements of exempt property. Burns v. Miller, et al, 05-94-01288 CV, 948 S. W2d 317, 326 (Tex. App. -Dallas, 1997, writ denied). The Court's order fails to state specifically what non-exempt property in the possession of the Judgment Debtor is to be turned over or when it is to be turned over. The District Court abused its discretion when it Ordered broad categories of property which may or may not be in the possession of the Judgment Debtor to be turned over to the Receiver without specifYing when such property was to be turned over. ill. THE DISTRICT COURT ABUSED ITS DISCRETION WHEN IT AWARDED THE RECEIVER, WHO IS AN ATTORNEY, A FEE OF $300 PER HOUR FOR ALL RECEIVER SERVICES, HIS HOURLY RATE AS AN ATTORNEY, WITHOUT CONSIDERATION OF A LESSER REASONABLE FEE WHEN PERFORMING NON-ATTORNEY FUNCTIONS AND WHEN THERE IS NO EVIDENCE IN THE RECORD TO SUPPORT THAT THE FEES ARE USUAL AND CUSTOMARY OR REASONABLE AND NECESSARY. 20 Receivers are entitled to reasonable compensation. Jones v. Strayhorn, 159 Tex. 421, 321 S. W2d 290, 292-293 (1959). The value of a receiver's services determines the appropriate amount of compensation. Bergeron v. Sessions, 561 S. W2d 551, 554 {Tex. Civ. App.--Dallas 1977, writ refd n.r. e.) . To determine the value of a receiver's services, courts consider the following factors: (1) the nature, extent and value of the administered estate; (2) the complexity and difficulty of the work; (3) the time spent; (4) the knowledge, experience, labor and skill required of, or devoted by the receiver; (5) the diligence and thoroughness displayed; and (6) the results accomplished. !d. at 554-55. While courts should "cautiously avoid excessive or improper" fees, sufficient fees should be permitted "to induce competent persons to serve as receiver[.]" !d. at 555. The District Court abused its discretion when it found that the Receiver's fees requested were usual and customary: ( 1) the nature, extent and value of the administered estate - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding the nature, extent and value of 21 the administered estate (2) the complexity and difficulty of the work - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding·the complexity and difficulty of the work to be done. (3) the time spent - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding when there is no evidence of the estimate of the time to be spent. (4) the knowledge, experience, labor and skill required of, or devoted by the receiver - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding whether the skills necessary to perform the anticipated services require the services of a licensed attorney. "[A] receiver is not entitJed to compensation at a legal rate for work which does not require legal skills." Bergeron, 561 S W2d at 554. (5) the diligence and thoroughness displayed - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding the diligence and thoroughness necessary to perform any of the anticipated services. The record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable 22 and necessary regarding any necessary services whatsoever. (6) the results accomplished - the record is devoid of any evidence to support a finding that the Receiver's fees are usual and customary or reasonable and necessary regarding any results will be accomplished whatsoever. Receiver has not provided any evidence in the record, only argument, that his charged rate of $300 per hour is usual and customary or reasonable and necessary compensation for the services anticipated to be provided. In fact such a high rate for the services that are undefined is highly unreasonable, especially the use of such an egregious rate for travel and meals as was awarded in the underlying matter. Additionally, the District Court abused its discretion when it Ordered the Receiver's fee to be taxed as cost against the Judgment Debtor. (See Clerk's Record at 76, Appendix at 76). We should be mindful that "[t]he apportionment of costs should be controlled by equitable principles and the ultimate success or failure of the party who requests the appointment of a receiver is not in itself controlling, but is a prime factor in determining who shall ultimately pay the costs ofthe receivership." Hodges v. Peden, 634 S. W2d 8, 12 (Tex. App.--Houston [14th Dist.] 1982, no writ (citing Jones, 321 S. W2d at 293-94). PRAYER Appellant Tedde R. Blunck respectfully prays that the Judgment of the 23 District Court granting the Turnover Order be reversed and remanded to the District Court for a New Trial in all respects. CERTIFICATE OF THE NUMBER OF WORDS CONTAINED IN BRIEF I hereby certify in accordance with Texas Rules of Appellate Procedure 9.4(i)(3) that the Appellant's brief contains 6,409 words. Tedde R. Blunck CERTIFICATE OF SERVICE I hereby certify that a true copy of the above Appellant's Brief was served on Karl Hays, 2101 South Highway 35, Suite 210 Austin, Texas 78741, attorney for Appellee Cathy A. Blunck in accordance with the Texas Rules of Appellant Civil Procedure on June 8, 2015 . Tedde R. Blunck 24 CAUSE NUMBER 03-13-0007 4-CV IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS TEDDER. BLUNCK, Appellant, v. CATHY A. BLUNCK, Appellee. ON APPEAL FROM THE 22N° DISTRICT COURT, HAYS COUNTY, TEXAS TRIAL COURT CAUSE N0. 11-1217 APPENDIX TO APPELLANT'S BRIEF RESPECTFULLY SUBMITTED: TEDDER. BLUNCK, PRO SE 502 QUITMAN STREET POBOX 1152 PITTSBURG, TEXAS 75686 TELEPHONE: (903) 855-8460 TELECOPIER: (903) 855-8465 EMAIL: tblunck@yahoo.com 25 - - - - - - - - -- -- - - - - - - TABLE OF CONTENTS District Clerk's Record_ _ __ _ __ _ _ _ _ __ _ _ _ __ 1 Reporter's Record-- - - - - - - - - - - - - - - - -- - 100 Movant's Exhibit No. 1 - - - - - - - -- - - - - - - ---- 141 Movant's Exhibit No. 2 172 --------------------------- 0 CLERK'S RECORD VOLUME one OF ONE Trial Court Cause No. 11-1217 IN THE 22nd DISTRICT COURT OF HAYS COUNTY, TEXAS, AT SAN MARCOS, TEXAS THE HONORABLE BILL HENRY JUDGE PRESIDING TEDDE R. BLUNCK Plaintiff(s) VS. CATHY A. BLUNCK Defendant(s) Appealed to the Court of Appeals for the Third District of Texas, at Austin , Texas ATTORNEY FOR APPELLANT(s) Name: Tedde R.Blunck, Pro Se SB# 00793355 Address: P. O. Box 1152 Telephone #: (903) 855-8460 Pittsburg, Texas 75686 Fax No.: (903) 855-8465 E-Mail Address: ___tblunck@yahoo.com____________________________________ Attorney for Tedde R. Blunck, Pro Se Appellant(s) Delivered by electronically filing with the Court of Appeals for the Third District of Texas at Austin , Texas on the 18th day of March , 2015. BEVERLY CRUMLEY District Clerk, Hays County, Texas BY: /s/ Kathy Orlowski Deputy Appellate Court Cause No. 03-15-00128-CV Page 1 of 207 000001 ---------------------------------------------------------------- INDEX ---------------------------------------------------------------- COVER PAGE ..................................................... 1 INDEX ........................................................... 2 MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT FILED DECEMBER 12, 2014 ................................ OBJECTION TO RESPONDENT'S MOTION TO SET HEARING ON MOTION TO RELEASE AND TRANSFER PROPERTY IN THE POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT FILED DECEMBER 15, 2014 ................................ ORDER GRANTING MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT FILED DECEMBER 18, 2014 ................................ MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, AND TO DISCHARGE RECEIVER FILED JANUARY 14, 2015 ................................. MOTION FOR POST-JUDGMENT RECEIVERSHIP PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE FILED JANUARY 30, 2015 ................................. ORDER APPOINTING RECEIVER PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE SIGNED & FILED FEBRUARY 9, 2015 ....................... OATH OF RECEIVER FILED FEBRUARY 9, 2015 ...................................... ORDER APPROVING RECEIVER'S FINAL REPORT, AUTHORIZING PAYMENT OF RECEIVER'S FINAL FEES AND EXPENSES, AND DISCHARGING RECEIVER SIGNED & FILED FEBRUARY 9, 2015 ........................ Page 2 of 207 000002 OBJECTION TO RECEIVER'S MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, AND TO DISCHARGE RECEIVER FILED FEBRUARY 9, 2015 ................................. OBJECTION AND SPECIAL EXCEPTION TO RESPONDENT'S MOTION FOR POST-JUDGMENT RECEIVERSHIP PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE FILED FEBRUARY 9, 2015 ................................. RECEIPT OF EXHIBITS FILED FEBRUARY 9, 2015 ...................................... DESIGNATION OF CLERK'S RECORD FILED FEBRUARY 13, 2015 ..................................... NOTICE OF APPEAL FILED FEBRUARY 26, 2015 ..................................... COURT'S DOCKET SHEET ............................................. BILL OF COSTS .................................................... CLERK'S CERTIFICATE .............................................. Page 3 of 207 000003 FILED 12/12/2014 10:46:07 AM Beverly Crumley District Clerk Hays County, Texas CAUSE NUMBER 11-1217 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER. BLUNCK § 22Nn JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT TO Tl IE HONORABI ,E JlJDGE OF SAID COURT: This motion is brought by Cathy A. Blunck, who is the Respondent in these proceedings. In specific support of her request for an order authorizing the Receiver to release and transfer property in his possession and to submit a linal report in this case, Cathy A. Blunck would present the following: Applicable Facts The Final Decree (~/Divorce was signed in this case on 24 October 20 I 2. By notice of appeal filed on 22 January 2013, Teddc R. Blunck, the Petitioner in this proceeding, appealed the Court's order to the Third Court of Appeals. On 22 January 2013, within the time period prescribed by Section 109.001 of the Texas Family Code, Cathy A. Blunck sought and obtained temporary orders pending appeal. Among the relief granted by the Court at that time was the appointment of a receiver to take possession of certain property. The orders rendered by the Court specifically authorized the In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page I Page 4 of 207 000004 Receiver to take possession of the following property: a. the following property awarded to Cathy A. Blunck in the Final Decree of Divorce signed 1n this cause on October 24, 2012: 100% of Tedde R. Blunck's retirement benefits in Parsons Brinckerhoff Group, Inc. Retirement Savings Plan, c/o T. Rowe Price, arising oul of Tedde R. Blunck's employment with Parsons Brinckerhoff Group Inc. as of 16 August 2012, together with any interest, dj vidends, gains, or J osses on that amount arising since that date and more particularly dc:fined in a Qualified Domestic Relations Order signed by the Cou rl on the day th i_ s E'i na 7 Decree of Divorce is signed. In determining the division oi the parties' estate, lhe Court has considered the tax effect relating to the retirement benefits Cathy Blunck is to rece1ve, as authorized under Lhe Texas Family Code. b. all documents or records, including financial records, related to the above- described properly that is in the actual or constructive posses:;_i on or controJ of Tedde R. Blunck. c. all financial accounts (bank accounts), certificates of deposit, money-market accounts, accounts containing the proceeds of the above-described property, including, but not limited to, accounts in the following institutions: 1st National Dank of Gilmer, Pilgrim's Bank of Pittsburg, and Bank One, Pittsburg. The Court's temporary orders provided that the Receiver was to hold the above- referenced property "in custodia legis during the pendency of any appeal from the Final In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page 2 Page 5 of 207 000005 Decree of Divorce signed on 24 October 2012." In compliance with the Court's orders, Leon Breeden, the duly appointed receiver, levied on certain bank accounts belonging to Teddc R. Blunck and placed those accounts under the control of the receivership. As reflected in the Initial Report of Receiver and Application for Payment I I sixty days have elapsed since the date the suit was filed. The Court finds that both JMMQBlunck Final D6aes ofDivorcs I Page I I 000175 Page 36 of 207 28 000036 ~,. Oc!)4. 2012 9:21AM Barrett & Coble No. 0865: P. 4 Petitioner and Respondent have been domiciliaries of Texas for at least a siximonth period preceding the filing of this action and residents of the county in which this'! suit is ! I filed for at least a ninety-day period preceding the filing of this action. Additional:ly. the I i Court finds that all necessary parties have entered their appearances in this cause and are I ' properly before the Court. Jury II A jury was waived, and questions of fact and of law were submitted to the Court. I! Divorce I IT IS ORDERED AND DECREED that Tedde R. Blunck, Petitioner, and \Cathy i A. Blunck, Respondent, are divorced and that the marriage between them is dissolyed on the grounds of adultery by Tedde R. Blunck. Child of the Marriage The Court finds that there is no child of the marriage of Petitioner and Resp~ndent and that none is expected. Division of Marital Estate i I I The Court finds that the following is a just and right division of the parties' marital co Lf) UJ estate, having due regard for the rights of each party. 0 t.::) ~ Property to TeddeR. Blunck .: CD IT IS ORDERED AND DECREED that Tedde R. Blunck is awarde~ the l/) ' -J ' ~ following as his sole and separate property, and Cathy A. Blunck is divested of alljrigbt, ' 1. lMMO,/JIWtck Final Deeret ofDtvol'ce ipage2 I 000176 Page 37 of 207 29 000037 ~ f Oct. 24. 2012 9:21AM '9 I Barrett & Coble No. 0865 P. 5 4 title, interest, and claim in and to that property: ' 1. The real property and improvements located at 11 52 Little Bear Road, 1 Buda, Hays County, Texas, subject to Cathy A. Blunck's right to exclw;ive use of the property pending payment of funds by Tedde R. Blunck, including but not limited to any escrow funds, easements, homeowners association rights, prepaid insurance, :utility deposits, keys, house plans, home security access and code, keys and garage door opener, warranties and service contracts, and title and closing documents related to the prqperty, which is more particularly described as: Lot 9, Block C of Elliott Ranch, Phase Four, a subdivision in Hays County, Texas, according to the map or plat of record in Volume 12, Pages 151-156 of the Plat ~sofHaysCoun~~Te~ 2. The real property and improvements located at 1347 CR 4510 Pittsburg, Camp County, Texas, including but not limited to any escrow funds, easements, homeowners association rights, prepaid insurance, utility deposits, keys, house plans, home security access and code, keys and garage door opener, warranties and service contracts, and title and closing documents related to the property. which is. more particularly described as: · ABS A060 Mary Hayes, Tract, 41-5000, 406.93 (+1.55 AC in Rd.) acres, Camp County, Texas (containing a computed area of 408.48 acres with 1.55 acres in a public road. leaving a net area of 406.93 acres) BEING a tract ofland situated in the MARY HAYS SURVEY ABSTRACT NO. 60, Camp County, Texas and being the remainder of a tract of land conveyed to E. B. McCaslin by deed recorded in volume 191 Page 415 Deed Records Camp C~unty, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for the Southeast corner of this tract on the centerline of County Road No. 4Sl0, wne being the Northeast comer of a tract of land conveyed to F. M. Jones by deed recorded in volume 22 page 286 Deed Records Camp County, Texas. · TIIENCE South 89 degrees 56 minutes 43 seconds West, passing a Yz. inch capped (yellow plastic stamped Dewey 1641) steel rod set on the West line of County Road No. 4510 at 20.00 feet and continuing along the conunol) line between said McCaslin and Jones tracts and generally along a wire fence. for a total distance of 2443.60 feet to a Y2 inch capped (yellow plastic stamped IMMO :BI1mcl.: Final DeCI'"U ofDfwJrce i'ageJ 000177 Page 38 of 207 30 000038 . , ' Od.' 24. 2012 9:21AM Barrett & Coole No. 0865 P. 6 ' ' Dewey 1641) steel rod set for comer, same being a point in the East line of a tract of land in the name of Mrs. Hallie Reed, (no recording data). ' lHENCE North 20 degrees 00 minutes 00 seconds West along the common line between said McCaslin and Reed 1racts, passing the Southeast com~ of a tract of land in the name of 1. W. Smith, (no recording data), also passing the Southeast comer of a tract of land in the name of J.D. Pankhurst, (no recording data) and continuing generally along a wire fence for a total d.i~tance of 6370.90 feet to a point for comer in Prairie Creek. · · · TIIENCE the following calls along the common line between said McCaslin and Pankhurst tracts and the meanderings of said creek: · 1. North 43 degrees 20 minutes 02 Seconds East 366.11 feet ~ 2. North 14 degrees 19 minutes 43 seconds West, passing the Northeast comet of said Pankhurst tract, same being a comer of a tract of land conveyed to Prairie Creek Ranch Partnership by deed recorded in volume 255 page 407 Deed Records Camp County, Texas and continuing for a total distarice of 2187.00 feet to a point for comer in said cree~ same being the Sou¢west comer of a tract of land in the name ofP. L. Nolen et al, (no recording data). 3. North 48 degrees 55 minutes 32 seconds East along the common line between said McCaslin 1md Nolen tracts for a distance of 61.73 feet to a point for ~omer msaid creek. · 4. South 54 degrees 55 minutes 32 seconds East along the conunon line between said McCaslin and Nolen tracts for a distance of2 34.56 feet to a point for comer in said creek. 5. North 55 degrees 17 minutes 22 seconds East along the coaunon line between said McCaslin and Nolen tracts for a distance of 300.86 feet to a point for c:;orner in said creek. 6. THENCE South 87 degrees 51 minutes 39 seconds East along the common line between said McCaslin and Nolen tracts for a distance of 121.10 f~ to a point for comer in said creek. 1. 1HENCE North 60 degrees 17 minutes 00 seconds East along the coxpmon line between said McCaslin and Nolen tracts for a distance of 83.25 feet to a point for comer in said creek. 8. North 73 degrees 43 minutes 49 seconds East along the conunon line between said McCaslin and Nolen tracts for a distance of 48.00 feet to point for comer in said creek, 9. South 64 degrees 21 minutes 04 seconds East along the common line between said McCaslin and Nolen tracts for a distance of 218.71 feet to a point for comer in said creek: I 0. North 11 degrees 55 minutes 04 seconds West alpng the common· line IMMO Blllllck F/IIQI Decree ofDivorce Page4 000178 Page 39 of 207 31 000039 Oct. 24. 2012 9:21AM ' . Barrett & Coble No. 0865 P. 7 between said McCaslin and Nolen tracts for a distance of 65.38 feet to a ,point 1 for comer in said creek. : I 1.I. North 08 degrees SO minutes 00 seconds East along the common line between said McCaslin and Nolen tracts for a distance of 112.06 feet to a point for corner in said creek; 12. South 66 degrees 39 minutes 07 seconds East along the common line between said McCaslin and · Nolen tracts for a distance of 201.50 feet to a point for comer in said cree~ 13. North 85 degrees 46 minutes 22 seconds East along the common line between said McCaslin and Nolen tracts for a distance of 21.50 feet to a point for corner in said creek, same being a point in the West line of a tract of land in the pame of H. Stephens, (no recording data). '. TIIBNCE South 19 degrees 48 minutes 58 seconds East along the common line between said McCaslin and Stephens tracts and generally along a. wire fence, passing the following tracts along the East line of McCaslin tract: : Annie Reynolds, (no recording data), Hartwell Stephens, (no recording data), and a tract of land conveyed to E. R. McCaslin and Myrtle McCaslin by· deed recorded in volume 59 page 43 Deed Records camp County, Texas and continuing for a total distance of 5101.23 feet to a fence post found for comer. TimNCE North 70 degrees 11 minutes 31 seconds East along the common line between said McCaslin tracts and generally along a wire fence, passing a ~ inch capped (yellow plastic stamped Dewey 1641) steel rod set on the West line of County Road no. 4510 at 1704.66 feet and continuing for a total distance of 1724.66 feet to a point for comer on the centerline of said road. . TiffiNCE the following calls along the centerline of County Road No. 4510: I. South 08 degrees 28 minutes 17 seconds West 164.1 0 feet to a point for comer. 2. South 03 degrees 48 minutes 48 seconds West 93.76 feet to a po~t for comer. 3. South 03 degrees 18 minutes 05 seconds East 89.55 feet to a point for cotner. 4. South 07 degrees 16 minutes 56 seconds East 1079.09 feet to a P?~t for comer. 5. South 11 degrees 27 minutes 19 seconds East 78.79 feet to a point for comer. 6. South 02 degrees 34 minutes 16 seconds West 258.83 feet to a point for comer. 7. South 06 degrees 55 minutes 55 seconds West 1230.11 feet to a point for comer, same being the Northeast comer of a tract of land conveyed to 1. B. Cravey et ux by deed recorded in volwne 53 page 286 Deed Records Gam.p County, Texas. IMMO Bl11nck Final DeCI'ee ofDivorce PageS 000179 Page 40 of 207 32 000040 . Oct. 24. 2012 9: 21 AM ' Bar ret t & Cob 1e No. 0865 ' P. 8 ' I THENCE North 86 degrees 34 minutes 49 seconds West along the common line between said McCaslin and Cravey tracts and generally along a wire 'fence for a. total distance of 225.52 feet to a fence post found for comer. · THENCE South 04 degrees 19 minutes 46 seconds West along the common line between said McCaslin and Cravey tracts and generally along a wire .fence 1 for a distance of 420.00 feet to a ~ inch capped (yellow plastic stamped Dewey 1641) steel rod set for comer. 1 THENCE South 86 degrees 34 minutes 49 seconds East along the COI11IDon line between said McCaslin and Cravey tracts and generally along a wire fence, passing the West line of county Road No. 451 0 and continuing for total a distance of 236.90 feet to a point for comer on the centerline of said road. : THENCE the following calls along the ccmterline of said road: . 1. South 13 degrees 03 minutes 14 seconds East 40.27 feet to a point for comer. 2. South 21 degrees 13 minutes 53 seconds East 66.65 feet to a point for comer. 3. South 25 degrees 52 minutes 28 seconds East 83.10 feet to a pomt for comer. ' 4. South 29 degrees 54 minutes 57 seconds East for a distance of 825.81 feet to the point of BEGINNING. : CONTAINING a computed area of 408.48 acres with 1.55 acres in a public road, leaving a net area of 406.93 acres. I 1HIS CONVEYANCE 1S SUBJECT TO ALL RESTRICTipNS, EASEMENTS, RIGHTS-OF-WAY, AND CONVEYANCES OF RECO,RD. ' 3. The following timeshares: N a. A 2% undivided interest as tenant-in-common in and to Unit 086 (the \.() "Unit"), Hill Country Resort, Phase 5, a vacation resort in Comal County, \0 Texas, according to the Second Amended and Restated Declaration of 0 C) Restrictions, Covenants and conditions recorded under File No. 20000 a... 6037046 md Supplemental Declaration recorded under File No. N/A Real ..:1" Property Records ofComal COWlty, Texas, (collectively the "Declaration"), (X) Lf) and as shown and described in the Plat of Hill CoWltry R.esort recorded in _J c::i) Volume 8, Page 385 of the Plat ~cords, Coma! County, Texas, together > with the exclusiv~ right to occupy the Unit during Use Period No. 50, beginning DECEMBER 14, 2007, as said Use Period is defined in the IMMO Blrmck Final Decree ofDivo,ce !fage6 000180 Page 41 of 207 33 000041 . Oct. 24. 2012 9:22AM Barrett & Coble No. 0865 P. 9 Declaration upon and subject to all of the terms, restrictions, covenants, conditions, provision in the Declaration and any amendments thereto. , b. A 2% undivided interest as tenant-in-common in and to Unit OS7 {the "Unit"), Hill Country Resort, Phase 3, a vacation resort in Comal C~unty 7 Texas, according to the Second Amended and Restated Declaration of Restrictions, Covenants and conditions recorded Wlder File No. 20000 6037046 and Supplemental Declaration recorded under File No. N/A Real Property Records ofComal County, Texas, (collectively the ''Declarationu), and as shown and described in the Plat of Hill Country Resort recorded in Volume 8, Page 345 of the Plat Records, Comal County, Texas, together with the exclusive right to occupy the Unit during Use Period No. 17, beginning APRIL26, 2008, as said Use Period is defined in the Declaration upon and subject to all of the terms. restrictions. covenants, conditions, provision in the Declaration and any amendments thereto. 1 • 4. The real property and improvements located at 502 Quitman ~treet. Pittsburg, Camp County, Texas, 75686 including but not limited to any escrow funds, easements homeowners association rights, prepaid 7 insurance, utility deposits, keys, house plans, home security access and code, keys and garage door opener, warranties and service contracts, and title and closing documents related to the property. which is :more particularly described as: .52 acre Nancy Glass Survey, Abstract No. 073. A-43 (aka Lot 08, E Pt. City Block 48 per CCAD), City of Pittsburg, Camp Comty, Texas Being a lot, tract, or parcel of land situated in the Nancy Glass Survey, Abstract No. 073, Camp County, Texas, and being all of that certain trnct of land conveyed from Zeliah Heath et vir to Dr. Manuel Guerra. by Wananty deed, as recorded in Volume 141, page 342, Deed Records, Camp CoWlty, Texas, and being more particularly described .bY metes and bounps as ~~; : I i BEGINNING at a 60d nail set in asphalt at the Northeast comer of the remainder of a called 0.623 acre tract conveyed to Carolyn Ra~. by Warranty Deed, as recorded in Volume 041, page 106, Real Pr~perty Records, Camp CoWlty, Texas, said point being in the South line of! State Highway No. 11 (a.k.a. Quitman Street), from said point, a Ya inch i~n rod found, bears North 69 Degrees 03 Minutes 27 Seconds West, a dis~e of IMMO 'B!IUick Final Decrae of Divorce 'Page 7 000181 Page 42 of 207 34 000042 Oct. 24. 2012 9:22AM Barrett & Coble No. 0865 P. 10 64.00 feet; I TIIENCE South 69 Degrees 03 Minutes 27 Seconds East, with the 'South line of said State Highway No. 11, a distance of 60.38 feet to- a ~ inch iron rod set with a yellow plastic cap stamped (CBG INC) at the Northwest comer of a tract of land once conveyed to Mollie Thomison by Warranty Deed as recorded in Volume OS 1, page 165, Deed Records, Camp c9unty, Texas, from said pc;>int, a~ inch iron pipe found, bears North 12 Degrees 53 Minutes 11 Seconds West, a distance of0.98 feet; · THENCE South 12 Degrees 53 Minut(:s 11 Seconds West, with the:, West line of said Thomison tract, and passing the Southwest comer of said Thomison tract, and a Northwest-comer of the remainder of a called' 1-1/4 acre tract conveyed to Camp County-City of Pittsburg, Texas, by wah-anty Deed, as recorded in Volume 122, page 483, Deed Records, Camp County, Texas, and continuing on for a total distance of283.36 feet to a Yz inch iron rod set with a yellow plastic cap stamped (CBG INC) at the Eastern most Northeast comer of a called 0.253 acre tract conveyed to the East Texas Medical Center Regional Healthcare System, by Warranty D~. as recorded in Volume 179, page 128, Official Public Records, Camp County, Texas, from said point, a ~ inch iron rod foWld with a red plastic cap stamped (S&A), bears South 10 Degrees 49 Minutes 21 Seconds West, a distance of73.64 feet; THENCE North 71 Degrees 36 Minutes 01 Seconds West. with a North line of said 0.253 acre tract, a distance of 100.00 feet to a Y2 inch iron rod set with a yellow plastic cap stamped (CBG INC) at an ell comer of said 0.253 acre tract; TIIENCE North 20 Degrees 54 Minutes 16 Seconds East, (Reference Bearing), with the !!1 East line of said 0.253 acre tract, and passing at a distance of 11.29 feet, a Ya inch iron rod f01md with a red p1asti¢ cap stamped (S&A) at the Northern most Northeast comer of said 0.253 acre tract, and the Southeast comer of the remainder of said 0.623 acre trac~ and continuing on for a total distance of 285.00 feet to the POINT OF BEGINNING and CONTAINING 22,707 square feet or 0.52 acres of. land, more or less. 5. All household furniture, furnishings. fixtures, goods, art ol:)jects, collectibles, appliances, and equipment in the possession of Tedde R. Blunck or s~bject '· IMMO 'Bluncl.: FiMI Deer« of[)iwlrce Pags8 000182 Page 43 of 207 35 000043 Oct..24. 2012 9:22AM Barrett & Coble No. 0865 P. 11 to his sole control except as specifically listed below. ' 6. The funds on deposi~ together with accrued but unpaid interest, in the following banks, savings institutions, or other financial institutions: a. Wells Fargo checking account number ending in .,.1488; b. Wells Fargo checking account number ending in UQ348; c. Wells Fargo checking account number ending in U9173; d. Wells Fargo checking account number ending in **4223; e. Wells Fargo checking account nwnber ending in **1927; and ' f. Wells Fargo checking account number ending in .,.0879. g. The remaining balance in Wells Fargo savings accomtt number ending in xxxx2983 after $40,291.00 is paid to Cathy A. Blunck. 7. FORTY-FIVE PERCENf (45%) ofTedde R. Blunck's benefi~ in Parsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMP 1), c/o T. Rowe Price, arising out of Tedde R. Blunck's employment with Parsons Brinclcerhoff, Inc. to be paid as set out below. 8. FORTY-FIVE PERCENT (45%) ofTedde R. Bhmck's benefits in Parsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMP II), c/o T. Rowe Price, arising out of Tedde R. Blunck's employment with Parsons Brinckerboff, Inc. to be paid as set out below. · 9. All policies of life insurance (including cash values) insuring Tedde R. BlWlcJcls life. 10. The MTL Insurance Company life insurance policy insuring S. J. Hawkinson. ~ 11. The 2008 Ford F 1SO motor vehicle, vehicle identification number u;, 1FTPW14V88FB48320, together with all prepaid insurance, keys, and title docwnerits. 0 12. The 2012 Ford Escape motor vehicle, vehicle identification nUmber ..:1' 1FMCUCEG7CKA65259, together with all prepaid insUillD.ce,keys, and title documents. co ~ 13. The 1976 Bethany Citation Travel Trailer motor vehicle, v~hicle ~ identification number BF 1111 CFB4640 IS, together with all prepaid insurance, key~. and title documents. IMMOB/unck Final Decru ofl)rvcrce Page9 000183 Page 44 of 207 36 000044 Oct.• 24. 2012 i 9:22AM Barrett & Coble No. 0865 P. 12 1~. The following travel and hotel award benefits: a. Mmiott account number ending in **8894; b. 50% of Gold Delta Sky Miles llCCOWlt nwnber ending Uf008; c. Southwest Airlipes benefits held i~ Husband's name; d. American Airlines benefits held in Husband's name; and e. Wells Fargo account number ending in .. 1165. 15. The contents of the storage unit located in Pittsburgh, Texas. 16. An undivided one half (Yl) interest in timber and mineral interests on the property located at ABS A060 Mary Hayes, Tract, 41-5000, 406.93 (+1.55 AC in Rd.) acres, and more commonly known as 1347 CR 4510 Pittsburg, T~ , 17. The outstanding loan proceeds from Kelle Hawkinson. 18. The outstanding loan proceeds from Michelle Jolic. 19. The outstanding loan proceeds from Beau Shafer. 20. The proceeds from the Note receivable from Richard and Vanessa Ant9ine. . ' 21. The hunting trophies and prints save and except for the trophies awar~ed to Cathy A. Blunck and Ordered delivered to Richard Antoine herein. 22. Contents of the gun safe and hunting gear in his possession. Property to Cathy A. Blunck IT IS ORDERED AND DSCREED that Cathy A. Blunck is awarded the I following as her sole and separate property, and TeddeR. Blunck is divested of all pght, title, interest, and claim in and to that property: 1. All household furniture, furnishings, flxtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control. IMMO BIIDick FiMI Decree of~ivorce Page 10 000184 Page 45 of 207 37 000045 ~---~-- 1 Oct .. 24. ~012 9:22AM Barrett & Coble No. 0865 P. 13 _2. All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control. , 3. The funds on deposit, together with accrued but Wlpaid interest, in the following banks, savings institutions, or other financial institutions: a. Wells Fargo joint checking account number ending in ••6681; · b. $40,291.00 in Wells Fargo High Yield Savings account in Tedde Blunck's name, account number ending in ••2983, to be paid by TeddeR. Blunck to Cathy A. Blunck by check or money order: on or before the date of entry of this Final Decree of Divorce. The Court finds that this sum of money was in existence in this bank account on the date the judgment was rendered; . c. Broadway Bank checking account in Cathy A. Blunck's name, account number ending in *"2199; and : d. Greater Texas savings account in Cathy A. Blunck's name, account number ending in .. 2214. 4. The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any '• other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension ·• plan, employee stock option plan, 40l(k) plan, employee savings plan, accrued tfupaid bonuses. disability plan, or other benefits existing by reason of Cathy A. Blunck's. past, present, or future employment, and all individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits including but not limited to: · a. Nationwide Annuity Contract number ending in **2740; b. Ora Phanna ER 40 lk; and c. Ora Phanna Health Savings Account. c.::~ 5. FIFTY-FIVE PERCENT (SS%) of TeddeR. Blunck's benefits in Parsons o... Brinckerhoff Inc. Exec Def Comp Plan {DCOMP I), plan no. 154360, arising out of ~ Tedde R. Blunck's employment with Parsons Brinckerhoff, Inc. to be paid as set out 1.n below. _.. c::::;) > 6. FIFTY-FIVE PERCENT (55%) of Tedde R. Blunck's benefits in Pa.rsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMP II), plan no. 154581, arising out of Tedde R. Blunck's employment with Parsons Brinckerhott: Inc. to be paid as set out ~~ . IMMO BIIIIICk Final Decru ofDivorce Page II ' 000185 Page 46 of 207 38 000046 Oct~24. 2012 9:23AM Barrett &Coble No. 0865 ' P. 14 7. 100% of Tedde R. Blunck's retirement benefits in Parsons Brinckerhoff Group Inc. Retirement Savings Plan, c/o T. Rowe Price, arising out ofTedde R. Blunck's employment with Parsons Brinckerhoff Group Inc. as of 16 August 2012, together with any interest, dividends, gains, or losses on that amount arising since that date andi more particularly defined in a Qualified Domestic Relations Order signed by the Court theon day this Final Decree of Divorce is signed. In determining the division of the pames' estate. the Couit has considered the tax effect relating to the retirement benefits ~athy Blunck is to receive, as authorized under the Texas Family Code. · 8. All policies of life insurance (including cash values) insuring Cathy A. Blunck's life. 9. The MTL Insurance Company life insurance policy number ending in 7882A, insuring R. Antoine. The 2007 Ford Expedition motor vehicle, vehicle identification number 10. 1FMFK19S67LA9S287, together with all prepaid insurance, keys, and title documents. 11. The Duck Boat, Motor, and Trailer duck motor vehicle, vehicle identification number 1MDARER19RD678273, together with. all prepaid insurance, keys, and title documents. 12. ONE HUNDRED AND NINE 1HOUSAND TWO HUNDRED :AND FOR'IY-SEVEN AND N0/100 DOLLARS ($109,247.00) payable by TeddeR. B.lunck to Cathy A. Blunck according to the tenns outlined below. The Court fmds th.8t this amount is necessary to achieve a just and right division of community property. co 13. NINETEEN TIIOUSAND AND N0/100 DOLLARS ($19.000.00) payable \0 by ·Tedde R. Blunck to Cathy A. Blunck on or before the date of entxy of this :.Final \D Decree of Divorce by cashier's check or money order. The Court fmds that this stun of ~ money was in existence in Tedde R.. Blunck's possession on the date the judgment was n.. rendered . ...:t a:> 14. SIXTY-SIX lHOUSAND FOUR HUNDRED TiiiRTY NINE ·.AND ~ N0/100 DOLLARS ($66,439.00) payable by TeddeR. Blunck to Cathy A. Blunck~on or §; within 30 days of signing of the Final Decree of Divorce by cashier's check or money order. The Court fmds that this amount is necessary to achieve a just and right division • I of commumty property. · IMMOB/undc Final De~e ofDivorce P,oge 12 000186 Page 47 of 207 39 000047 Dd)4. 2012 9:23AM Barrett & Co~le No. 0865 P. 15 IS. The following travel and hotel award benefits: a. American Aadvantage account number ending in **4974; b. Delta account nwnber ending in **6710; c. World Points account number ending in **5588; d. Hyatt Gold account number ending in uo82F; e. SO% of Gold Delta Sky Miles (80,166 miles) account nwnber ending **1008; and f Chase Freedom account number ending in **0907. TeddeR. BlWlck shall pay the cost oftransferring the 80,166 miles in the Gold Delta Sky Miles into an account for Cathy A. Blunck. 16. The contents of the storage units no. 215 and 216, located in Dallas, T~xas. 17. An Wldivided one half (Y2) interest in timber and mineral interests the on I property located at ABS A060 Mary Hayes, Tract, 41-5000,406.93 (+1.55 AC in Rd.) acres, and more commonly known as 1347 CR 4510 Pittspurg, ~~ . 18. Two (2) crypts in Calvary Hill Cemetery, Dallas, Texas. 19. FIVE TIIOUSAND AND N0/100 DOLLARS ($5,000.00) to be paid by Tedde R. Blunck to Cathy A. Blunck on or before the date of entry of this Final Decree of Divorce by cashier's check or money order for waste of community assets. 20. Four trophy heads Ompala, Gems bock, Blesbok, and Bushbuck and 1 zebra skin in the possession of Tedde R. Blunck. I Division of Debt ~ Debts to Tedde R.. Blunck IT IS ORDERED AND DECREED that TeddeR. Blunck shall pay, as a part of i 5 the division of the estate of the parties, and shall indemnify and bold Cathy A. Blunck > and her property hannless from any failure to so discharge, these items: IMMO Blunck FiMI Dtcru ofDivorce Page 13 000187 Page 48 of 207 40 000048 Oct..24. 2012 9:23AM Barrett & Coble No. 0865 P. 16 1. The balance due, including principal, interest, tax, and insurance escr6w, on the promissory note executed by Tedde R. Blunck and Cathy A. Blunck, in the original principal sum of $417,000.00, dated 5 November 2007. payable to First Horizon Home Loans, and secured by deed of trust on the real property awarded in this decree to Tedde R. Blunck, which is recorded according to the map or plat of record in Volume 12, Pages 151~156 ofthe Plat Records of Hays County, Texas 2. The balance due, including principal, interest, tax, and insurance escro:w, on the promissory note executed by Cathy A. Bhmck and Tedde R. Blunck, in the original principal sum of S450,000.00, dated 7 October 2010, payable to Capital Fann Credit, FLCA of Bryan, Texas. and secured by deed of trust on the real property awarded in this decree to Tedde R. Blunck, which is recorded in the Deed of Trust Records of Camp CoWlty, Texas. · ' 3. The balance due, including principal, interest, and all other charges. on the promissory note payable to Ford Motor Company and given as part of the purchase price of and secured by a lien on the 2008 Ford Fl50 motor vehicle awarded to Tedde R. Blunck. ! 4. The balance due, including principal, interest, and all other charges, On the promissory note payable to Ford Motor Company and given as part of the purchase:price of and secured by a lien on the 2012 Ford Escape motor vehicle awarded to TeddeR. Blunck. 5. Any outstanding debts and/or balances due any credit card accounts in the name ofTedde R. Blunck. including but not limited to the following: · a. Debt owed to Bank of America Visa, account number ending in ••3885; : b. Debt owed to Bank of America American Express, account number 0 ending in "1499; r- c. Debt owed to Chase Marriott Visa, aocoWlt nwnber ending in 1.0 0 .. 4432; CJ d. Debt owed to GE Money Bank Visa, account number endjng in D.. ••6535; i .::r Debt owed to Costco American Express, accoWlt number endi'ng in co e. Lf) .. 1005; i --J c::;) f. Debt owed to Costco American Express, account number endillg in > .. 1001; : g. Debt owed to CitiAdvantage, account number ending in ••7921,; and IMMOB/unck Fittfll Decree ofDivorcs Pagt:l4 000188 Page 49 of 207 41 000049 0ct. 24. 2012 9: 23AM 8a r r et t & Co bl e No. 0865 P. 17 • 1 h. Debt owed to Gold Delta American Express, account number ebding in **1008. •. 6. All debts, charges, liabilities, and other obligations incurred solely by TeddeR. Blunck from and after 30 May 2011 Wlless express provision is made in this decree to the contra.Iy. · 7. The sum of THREE TIIOUSAND FOUR HUNDRED SIXTY-TWO AND 44/100 DOLLARS ($3,462.44) to Cathy A. Bllmck for temporary support due and ciwing under the Temporary Orders of20 October 2011 to be paid by TeddeR Blunck to Cathy A. Blunck by money order or cashier's check on or before 6 September 2012. Cathy A. Blunck acknowledges this sum has been paid. : 8. All encumbrances, ad valorem taxes, liens. assessments, or other charges due or to become due on the real and personal property awarded to Tedde R. Blunck in this decree unless express provision is made in this decree to the contrary. 9. The sum of THIRTY-SIX TIIOUSAND EIOiff HUNDRED FORTY-SIX AND N0/100 DOLLARS ($36,846.00) for attorneys' fees, court costs, accounting: fees, expert witness fees, appraisal fees, deposition costs, court reporter fees, and .other expenses incurred by or on behalf of Cathy A. BIWlck in connection with this cause for divorce owing to Banett and Coble, to be paid as set out below. 10. Any and all attorneys' fees, court costs, accounting fees, expert witness fees, appraisal fees, deposition costs, court reporter fees, and all other expenses in~w:red by or on behalf of Tedde R. Blunck in connection with this cause for divorce, incl~ding without limitation all amounts owing to Noelke English Maples St. Leger Blair. 11. The sum of FIVE THOUSAND AND N0/100 DOLLARS ($5,000.00) to be paid by TeddeR. Blunck to Cathy A. Blunck on or before the date of entry o,f this r- Final Decree of Divorce by money order or cashier's check for waste of community I \0 assets. 0 I 12.The sum of ONE HUNDRED NINE TWO HUNDRED AND FORTY -::J" SEVEN AND N0/100 DOLLARS ($109,247.00) to Cathy A. Blunck, to be paid as set en out below. The Court finds that this amount is necessary to achieve a just andjright ~ division of community property. C) > 13. The sum of NINETEEN THOUSAND AND NO/I 00 DOLLARS ($19,000.00) to Cathy A. Blunck, to be paid on or before the date of entry of this final IMMO Blunck Final Decr.,e of Divorce P;ag1 15 ' 000189 Page 50 of 207 42 000050 Oct .• 24. 2012 9:23AM Barrett & Coble No.0865 'P. 18 Decree ofDivorce by money order or cashier's check. 14. The sum of SIXTY-SIX TiiOUSAND FOUR HUNDRED 'IHIR.TY NINE AND N0/100 DOLLARS ($66,439.00) payable by TeddeR. Blunck to Cathy A. Blunck within 30 days of signing of this FiiUll Decree of Divorce by cashier's check or money order. The Court finds that this amount is necessary to achieve a just and right diVision of community property. 15. All debts not specifically named above in the sole name of Tedde R. Blunck. 16. The tax liability and preparation fees for Cathy A. BlWlck's 2011 federal income tax return. 17. All state and federal income tax liability for Tedde R. Blunck. 18. All debts not specifically named above in the sole name of Tedde R. Blunck. Debts to Cathy A. Blunck IT IS ORDERED AND DECREED that Cathy A. Blunck shall pay, as a pBrt of the division of the estate of the parties, and shall indemnify and hold Tedde R. Blunck and his property harmless from any failure to so discharge. these items: l. The balance due, including principal, interest, and all other charges, On the promissory note payable to Ford Motor and given as part of the purchase price of and secured by a lien on the 2007 Ford Expedition motor vehicle awarded to Cathy A. Blunck. N 2. Any outstanding debts and/or balances due any credit card accounts in the ~ name of Cathy A. Blunck, including but not limited to the following: 0 a. Debt owed to Chase Freedom account nwnber ending in U0907; b. Debt owed to World Points account number ending in **5588; and c. Debt owed to Bank of America Master Card account number ending in U9735. . I JMMO Blunclc Final Decree of[)ivorce Page 16 000190 Page 51 of 207 43 000051 Oct)4. 2012 9:24AM Barrett & Coble No. 0865 P. 19 ' 3. All debts, charges, liabilities, and 'other obligations incuxred solely by Cathy A. Blunck from and after 30 May 2011 unless express provision is made in this decree to the contrary. i 4. All encwnbrances, ad valorem taxes, liens, assessments, or other charges due or to become due for the tax year 20 12, on the real and personal property awarned to Cathy A. Blunck in this decn:e unless express provision is made in this decree jto the contrary. ' 5. All debts not specifically named above in the sole name of Cathy A. BlWlck. Con.strut:tive Fraud on the Commllltity The Court fmds that Petitioner, Tedde R. Blunck. has committed constructive fraud on the commWlity and on Cathy A. Blunck by engaging in a series of transactions. including but not limited to the purchase of certain real property located in Pi~burg, Texas, in the joint names of himself and a third party, Paulette Schafer, with wh9m he I has a romantic relationship. The Court finds that the property was purchased in violation of the Hays County Standing Order Regarding Children, Property and Conduct ~f the Parties and in violation of his fiduciary duty owed to the community and to his: wife, Cathy A. Blunck. The Court further finds ~ this single transaction has resulted in M r- \.0 damage to the community in the amount of$66,439.00. The Court.further finds that no 0 c.o sums of money were actually paid by Paulette Schafer for the purchase or improvement 0... -3 co Lr.) of this property. The Court therefore ORDERS that the entiJ:ety of the value of the ', .-J ~ property be reconstituted to the community estate. The Court further finds that in' order to reach a just and right division of the commwlity estate that the entire amount should be IMMP Blwrsck FiNd D14cree ofDivorc• /'age 17 000191 Page 52 of 207 44 000052 Oct.)4. 2012 9:24AM Barrett & Coble No. 0865 • P. 20 awardt4 to Respondent, Cathy A. Blunck and that the payment of such amount sho11ld be secured! against real property awarded to the Petitioner, Tedde R. Blunck. IT IS i THEREfORE ORDERED AND DECREED that Cathy A. Blunck do have and re~over i . judgme*t against TeddeR. Blunck in the amount of $66,439.00 for which let execution issue. IT IS FURTHER ORDERED that TeddeR. Blunck shall execute a Real Estate Lien Note in the amount of $66,439.00, and said Real Estate Lien Note shall be s~ed by a Deed of Trust to Secure Owelty of Partition against the property located in Camp County, Texas, described as: ' ABS A060 Mary Hayes, Tract, 41-5000,406.93 (+l.SS AC in Rd.) acres. Camp County, Texas (containing a computed area of408.48 acres with 1.55 acres ma public road, leaving a net area of 406.93 acres) The Court further ORDERS that this Real Estate Lien Note be paid within 30 days after the signing of the FiMI Decree ofDivorce. The terms of the Real Estate Lien,Note shall be that it is payable in one lump sum 30 days after the signing of the Final Decree ofDivorce. Cathy A. Blunck may enforce this by foreclosure on the above property ~r by I any remedy available for the enforcement ofjudgments. ~ ~ Waste of Community Assets 0 The Court finds that Tedde R. BIWlck has wasted community assets and the a; community estate should be reconstituted to include the amounts wasted. l/') IT IS FURnrnR ORDERED that TeddeR. Blunck shall pay the swn of$5,000.00 to Cathy A. Blunck for community funds wasted by him on or before the date of entry of IMMO Bl1111ck Final Decree ofDivor" Page 18 000192 Page 53 of 207 45 000053 Od)4. 2012 9:24AM Barrett & Coble No. 0865 P. 21 this Final Decree of Divorce by cashier's check or money order. Notice 'i IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party. Owelty ofPtutitio11 The Court, having awarded the 1347 CR 4510 Pittsburg, Texas property and the 1152 Little Bear Road, Buda, Texas property of the parties to Petitioner, finds that it is I necessary to impose an encumbrance for owelty of partition against the 1347 CR 45 10 Pittsburg, Texas property to secure the payment of the debt resulting from the awardJ IT IS ORDERED AND DECREED that an encwnbrance for owelty of partition is imposed against the entirety of the property described as follows: ABS A060 Mary Hayes, Tract, 41~5000, 406.93 (+1.55 AC in Rd.) acres, Camp County, Texas (containing a computed area of 408.48 acres with 1.55 acre~ in a public road, leaving a net area of 406.93 acres) I 1J") The purpose of the encumbrance is to secure the paym~t of the debt of Peti~oner r- ' ~ in favor of Respondent of ONE HUNDRED NINE rnoUSAND TWO HUND;RED ~ FORlY-SEVEN AND N0/100 Dollars ($109,247.00), resulting from the award of the .:;r I a... fmds that the payment of such amount should be secured against real property awarded to ...3' ~ the Petitioner, TeddeR. Blunck. IT IS TIIEREFORE ORDERED AND DECREED that __, ~ Cathy A. Blunck do have and recover judgment against Tedde R. Blunck in the ~ount IMMOBhutck Final Decree ofDivorce P'ags 20 000194 Page 55 of 207 47 000055 Oct. 24. 2012 9:24AM Barrett & Co~le No. 0865 1 P. 23 I of($109,247.00) for which let execution issue. I This judgment is part of the division o.f community property between the parties and shall not constitute or be intetpteted to be any form of spousal support or alimony. Cathy A. Bl1111ck Residin,g lit the 1152 Lillie Bear Road, Buda, Texas Residence I IT IS ORDERED that Cathy A. Blunck may continue to have exclusive use of the residence located at 1152 Little Bear Ro~ Buda, Texas until30 days after all documents necessary to effectuate this Final Decree of Divorce are executed and the following 1,swns owed to Cathy A. Blunck by Tedd.e R. Blunck are paid: 1. $40,291.00 to be paid from the Wells Fargo account ending in 2983; 2. $3,462.44 for money owed under the Temporary Orders; Cathy A. Blunck acknowledges the payment of this amount. 3. $19,000.00 for the pUipose of achieving a just and right division; 4. $36,846.00 for attorney's fees to be paid to Barrett and Coble; 5. $66,439.00 to achieve a just and right division of property: I 6. $30,000.00 for appellate attorney's fees (if TeddeR. Bloock files a Notice of Appeal or Motion for New Trial); and ,..... ,..... 7. $5,000.00 for waste committed by Tedde R Blunck for a total of I \D 0 Q $197,576.00 (if TeddeR. BlWick files a Notice of Appeal or Motiop for 0... .3' New Trial) or $167,S76.00 (if TeddeR. Blunck does not file a Notice of (X) 1/) __. Appeal or Motion for New Trial). ~ > IMMOB/wu:k Final Decree ofDivorce Page2J I 000195 Page 56 of 207 48 000056 0ct._24. 2012 9:25AM Barrett & Co~le No. 0865 ; P. 24 IT IS FURTimR ORDERED that TeddeR. Blunck shall timely pay all :costs associated with the upkeep and maintenance of the residence, including but not limited to ' the current levels of yard maintenance, pool maintenance, utilities (water and electri'~ity). reasonable repairs, property taxes, and vehicle payment. The following amounts are due and payable under the temporary orders and/or ' subsequent to the trial $2,896.81. These are due as of the date of entry of the decree. Cathy A. Blunck.shall not be required to surrender possession of the residence until 'these I amomtts are paid. Attorney's Fees The Court finds that Cathy A. Blunck has incurred thirty six thousand eight hwuired and forty-six and no/100 dollars ($36,846.00) as attorney's fees, expert· fees., expenses, and costs, which were necessary as support for Cathy A. Blunck. IT IS ORDERED that good cause exists to award a judgment to Barrett and Coble, Attorneys at Law, in the amount of a thirty six thousand eight hundred and forty-six and no/100 dollars ($36,846.00) for attorney's fees, expert fees, expenses, and costs, with intel'fSt at ~ six percent (6%) percent per year compounded annually from the date this Final Dfcree \0 o of Divorce is signed until paid. The judgment, for which let execution issue, is awarded (!:) 0... ...:r against TeddeR. Blunck, and TeddeR. Blunck is ORDERED to pay the fees, expenses, co tn __. costs, and interest to Barrett and Coble at 7200 North MoPac Expressway, Suite 440, 0 > Austin, Texas 78731 by cash, cashier's check, or money order on or before 3{) days after IMMOBIWJa FlllallJ.ecree ofDivorce Page22 000196 Page 57 of 207 49 000057 - -------~1 .. 0ct. 24. 2012 9: 25AM Ba r r et t & Co ~ 1e No. 0865 P. 25 this Final Itcree ofDivorce is signed. Barrett and Coble may enforce this judgment for fees, e~es, and costs in the attorney's own name by any means available f~r the I I I , enforcement of a judgment for debt. ' I IT ISJFURTHER ORDERED AND DECREED that Cathy A. Blunck is aw~ed a judgment of $30,000.00 against Tedde R. Blunck for attorney's fees on appeal for the benefit of her attorneys, B~ett and. Coble, Attorneys at Law, together with all expenses. The judgment shall bear interest at 6 percent per year compoUnded annually from thb date of judgment, for which let execution issue. This swn shall be due 10 days after TeddeR. Blunck files a Notice of Appeal or a Motion for New Trial and shall be paid to Barrett I and Coble, 7200 North MoPac Expressway, Suite 440, Austin, Texas, 78731 by cash, cashier's check or money order. Payment ofBenefits in Parsons BrlnckerltoffInc. F.Juc Def Comp Plfln IT IS ORDERED that Cathy A. Blunck is entitled to receive 55% of all post-tax funds received by Tedde R. Blunck through Tedde R. Blunck's benefits in Parsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMP I), plan no. 154360 and Persons 0"1 r- Brinckerhoff Inc. Exec Def Comp Plan (DCOMP II), plan no. 154581 if, as, and when \D 0 received by TeddeR. Blunck. IT IS ORDERED that TeddeR. Blunck shall pay Cathy A. c:;,:) a_ -3' Blunck's portion to her by check, cashier's check or money order at her last known QJ ~ address within 3 days of his receipt of the funds. IT IS FURTHER ORDERED that = > Tedde R. Blunck is appoinred the constructive trustee for Cathy A. Blunck for any funds ! IMMO Bl~~nck Final Deer" ofDivorce fage2J 000197 Page 58 of 207 50 000058 -~-- 1 Oct._24. 2012 9:25AM Barrett & Coble No. 0865 · P. 26 received: by him tmder these plans and Tedde R. Blunck shall bear 100% of th~ tax liability for any money received under these plans. It is ORDERED that Tedde R. Blunck shall provide Cathy A. Blunck complete written disclosure of the amount he receives if, as and when he receives it. This provision is part of the division of community property between the parties and shall not constitute or be interpreted to be any fonn of spousal support or alimony. ' . Tax ProvisiolfS ' Liability for Federal Income Taxes for Prior Year fF IS ORDERED AND DECREED that Tedde R. Blunck shall be solely responsible for all federal income tax liabilities of the parties from the date of marriage . . through :December 31, 2011, and shall timely pay any deficiencies, assessments, I penalties. or interest due thereon and shall indemnity and hold Cathy A. Blunck and her property· harmless therefrom unless such additional tax, penalty, and/or interest resulted I from Cathy A. Bhmck's omission of taxable income or claim of erroneous deductions. In such cas~, the portion of the tax, penalty, and/or interest relating to the omitted income or 0 ~ claims of erroneous deductions shall be paid by Cathy A. Blunck. C) (.,:) IT IS ORDERED AND DECREED that if a refund is made for overpayment of 0... a; IJ") taxes for. any year during the parties' marriage through December 31 of 20 11, each ,party c5 shall be :entitled to one-half of the refund, and the party receiving the refund check is > I designat~ a constructive trustee for the benefit of the other party, to the extent of one- IMMO lJIIUrCl FiMl D«ree ()/D;vorce RflgeU 000198 Page 59 of 207 51 000059 . -Oct, ..24. " 2012 9:25AM Barrett & Coble No. 0665 ' P. 27 half of the total amount of the refund, and shall pay ·to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. Either party is ORDERED to endorse a refund check on presentation by the other party. IT IS ORDERED AND DECREED Tedde R. Blunck is ORDERED to pay $185.00 to Cathy A. Blmtck for preparation of Cathy A. BlWlck's returns for the t~ year 2011, and shall timely pay 100 percent of any liability shown on or Cathy A. Blunck's 2011 federal income tax returns. Treatment/Allocation of Community Income for Year of Divorce For the purposes of detennining income tax liability, the parties hereby partition 100 percent of the income, gain, loss, and deductions attributable to a party fro~ that party's individual labor, that party's individual efforts, or the property awarded in this agreement to that party, as his or her sole and separate property, as if that party had been single and unmanied from January 1, 2012, through the date of divorce. The partition further assigns to a party any exemptions, exclusions, estimated tax. payments, and withholdings made by that party or for his or her benefit from January 1, 2012, through co ~ the date of divorce, as if the same were that party's separate property. IT IS ORDERED C!) a... AND DECREED that, for pw:poses of detennining income tax liability, any property ..:t" ~ awarded to a party in this decree shall be deemed to be partitioned to that party and.have __J §; been that party's separate property as of January 1, 2012, and thereafter. The p~es further agree and IT IS ORDERED AND DECREED that any tax payments and any IMMO Blwrck. Filial Deuu of[)IY~ Page25 000199 Page 60 of 207 52 000060 .. . Oct. 24. 20!2 9:25AM Barrett & Cobh No. 0865 P. 28 I payments that are tax deductible are assigned to the party who made those payments. IT IS ORDERED AND DECREED that for the calendar year 2012, each party 1 will file an individual income tax return in accordance with the Internal Revenue Code. . ' IT IS ORDERED AND DECREED that Cathy A. Blunck shall report 100 percent of her income, withholdingt prepayments, and deductions and none of Tedde R. Blunck's income, withholding, prepayments, and deductions. Cathy A. Blunck shall be entitled to receive 100 percent of any refund for which she might be entitled on her 2012 federal income tax return. Cathy A Blunck shall pay I 00 percent of any liability shown on her 2012 federal income tax return. IT IS ORDERED AND DECREED that Tedde R. Blunck shall report 100 percent of his income, withholding, prepayments, and deductions and none of Cathy A. Blunck's income, withholding, prepayments, and deductions. Tedde R. Blunck shall be entitled to I receive 100 percent of any refund for which he might be entitled on his 2012 f~deral income tax return. TeddeR. BlWick shall pay 100 percent of any liability shown on his I ~ 2012 federal income tax return. IT IS FURTHER ORDERED that Tedde Bhmck will I \0 I 0 report any withdrawals he made from his Parsons Brinckerhoff Group Inc. Retirement '-!;) 0... ..:t Savings Plan. c/o T. Rowe Price. including but not limited to the $130,000.00 withdrawal Q) ~ by TeddeR. Blunck on April 3, 2012, on his federal income tax return and have sole c::> >- responsibility f~r any tax liability associated with those withdrawals. /MMO Blunck FtMI Decl'tl ofDivorce Page26 000200 Page 61 of 207 53 000061 . .Oct. .24. 2012 9:26AM Barrdt & Coble No. 0865 P. 29 IT IS ORDERED AND DECREED that for calendar year 2012, each party: shall indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party's individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns. IT IS ORDERED AND DECREED that each party shall furnish such infonnation to the other party as is requested to prepare federal income tax returns for 2012 within thirty days of receipt of a written request for the infonnation, and in no event shall the available infonnation be -exchanged later than March 1, 2013. As requested information becomes available afu:r that dare, it shall be provided within ten days of receipt IT IS ORDERED AND DECREED that each party shall preserve for a period of seven years from the date of divorce all financial records relating to the conununity estate. Each party is ORDERED to allow the other party ~s to these records to detennine acquisition dates or tax basis or to respond to an IRS examination within five ("') co \D days of receipt of written notice from the other party. Access shall include the right to 0 ~ oopy the records. IT IS ORDERED AND DECREED that all payments made to the other party in I I 5 accor~ce with the allocation provisions for payment of federal income taxes I i in this Final Decree of Divorce are not deemed income to the party receiving those I payments but are part of the property division and necessary for a just and right di~ision JMMO .Blame! Fined Decru ofPtvOI'CI PtJge 27 000201 Page 62 of 207 54 000062 .. Oct. 24. 2012 9:26AM Barrett & Coble No. 0865 ',. P. 30 of the parties' estate. 1 I I IT IS ORDERED AND DECREED that any assets of the parties not awar I I or incuning:any indebtedness on those cards: I i a. ' CitiAdvantage accoWlt ending in **7921. I /MMO FIMI Decnt of Dtvol't!t ~IIUICfc I 1tlge28 I 000202 Page 63 of 207 55 000063 I i 0ct. 24. 2012 9: 26AM Ba r r e t t & Co bl e No. 0865 P. 31 •• ! ~~u I It is ORDERED and DRCREBD that any notice to be given \mder this del by either party to the other shall be in writing and may be effected by registered or 1fied mail, return receipt requested, unless specified othe.rw.ise herein. Notice to Tedde R. Blunck will be sufficient if made or addressed to the following: I Tedde ~ BlWlck 502 Quitman Street Pittsburgh, Texas 75686 and to Cathy A. Blunck if made and addressed to the following: Cathy A. Blunck 11 52 Little Bear Road Buda, Texas 78610 Each party may change the address for notice to him or her by giving written notice of that change to the other in accordance with the provisions of this paragrapJ. TrllM/er aiUI Delivery ofProptrty • I IT IS ORDERED AND DECREED that Tedde R. Blunck and Cathy A. Blunck I lr> I ~ shall execute all instruments necessary to effectuate this Final Decree of Dirrce, 0 c.:> including any deeds, notes, powers of attorney, bills of sale, assignments, cons~ts to a_ I -=t cllanges of beneficiary of insurance policies, tax returns, and other documents, an4 that ~ - I -J Tcddc R. Blunck and Cathy A Blwtck shall each have all appropriate and nec~ssary ~ I writs, executiferee ~1 lJ/vol'~ ~age 29 i 000203 Page 64 of 207 . 56 000064 . . Oct..... 24. , 2012 9:26AM Barrett & Co~le . No. 0865 P. 32 all transf~ of community and separate property funds, modifications of signatories to accounts, occur within fifteen (IS) days from the date this Final Decree ofDlvotce is approved by the Court. Cathy A. Blunck's attorneys, Barrett and Coble, shall dr~ all separate~. necessary documentation to effectuate the transfers of community and Tedde R. Blunck is ORDERED to execute, have acknowledged, and deliver~ John Barrett these instruments within 15 days of receipt: 1. Deed ofTrust to Secure Owelty ofPartition on the property located a~ABS A060 Mary Hayes, Tract, 41-5000, 406.93 (+1.55 AC in Rd.) acres, Camp County, T~xas and more commonly known as 1347 CR 4510 Pitt!lburg, Texas~ 2. Real Estate Lien Note; 3. Deed of Trust to Secure Assumption on the 1152 little Bear Road. uda Texas property; 4. Deed of Trust with Owelty Lien; 5. Power of attorney to transfer the 2007 Ford Expedition motor vehicle; 6. Power of attorney to transfer the Duck boat, motor and trailer; and 7. Mineral/timber deeds. Cathy A. Blunck is ORDERED to execute, have acknowledged, and deliver to TeddeR. Blunck these instruments within 15 days of receipt: 1. Speci~ Warranty Deed on the property located at 1152 Little Bear ltoad, Buda,irexas; I 2. Specitu Wmanty Deed with Encwnbrance for Owelty of Partition f~r the property located at ABS A060 Mary Hayes, Tract, 41-SOOO, 406.93 (tl.SS AC in Rd.) acres, Camp County, Texas and more commonly known as ..:r 1347 CR 4510 Pittsburg, Texas; and I co 11') 3. Deed of Trust with Owelty Lien. \ --1 C::l > This decree shall serve as a muniment of title to transfer ownership of all proJ>erty I I awarded to any party in this Final Decr~e ofDivorce. 1 I IMMO \B/wnck FinQ/ Dt.CI't.t. ofIJivOI'ce ~Dgt.JO i 000204 Page 65 of 207 57 000065 ' .Oct...24. 2012 9:27AM Barrett & Coble No. 0865 P. 33 ! I i Direction to Deliver Property I I Teddc R. Blunck is ORDERED to deliver to Richard Antoine, at 1006 Hot S~rings ! Valley, Buda, Texas 78610, in good condition, on or before 6 September 201!2 the I ! following items: 1. Four heads {Impala, Gems bock, Blesbok, and Bushbuck); and 2. 1 zebra skin CoJUtCosts i IT IS ORDERED AND DECREED that court costs shall be paid by the partY that I inCUlTed them. Spousal SIIJJport I I IT IS ORDERED that Cathy A. Blunck's request for spousal support is DENIED. Ttdtk R. B/UIIclt's 1'1Alturtded Pditiort for DiwJrce ' I, I IT IS ORDERED that relief requested in Tedde R. Blunck's 1" Amended Petition ' ! for Divorce is DENIED. I i I Resolution ofTemporlliY Orders r- eo The Court fmds that TeddeR. BlWJck owes the swn of $2,896.8lto Cathy A. i \.0 ~ Blunck pursuan~ to the temporary orders and orders made by the Court durin~ trial : ; . I co concerning costS associated with the upkeep and maintenance of the residence, including lf) . I ~ but not limited to the current levels of yard maintenance, pool maintenance, u~lities ! (water and electricity), reasonable repairs, and property taxes. IT IS TimRB~ORE I i ORDERED AND DECREED that Cathy A. BlWlck do have and recover judgment IMMdBtunck Final Decree ofDftlorce ~ag~31 Page 66 of 207 000205 000066 58 • ,Oc!./4. 2012 9:27AM Barrett & Coble No. 0865 P. 34 against TeddeR. Blunck in the amoWlt of$2,896.8lfor which let execution issue. Discltlll'ge from Discovery Retention Requirement IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the docwnents produJed in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure. SIICCessors ad Assign1 It is ORDERED AND DECREED that this decree, except as otherwise expressly provided herein, will be binding on, and will inure to the benefit of, the ~tive Iegatees, dev1sees, · · executors, adm'm1strators, bell's, · · assigllS, and successors m I or · mterest · the parties. Indemnification Each party represents and warrants that he or she has not incurred any outstanding deb~ obligation. or other liability on whidt the other party Is or may be liable, o1hJ than those described in this decree. Each party agrees and IT IS ORDERED that if any llaim., ~ action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, \.0 0 an obligation, a liability, an act, or an omission of the other party liable for such debt, ..:t obligation, liability, act or omission of the other party, that other party will, at his or her ~ sole expense, defend the party not assuming the debt, oblig;rtion, liab!Uty,l, or ~ omission of the other party against any such claim or demand, whether or noJ well fOIUlded, and will indemnify 1he party not asswning the debt, obligation, liability, let, or JMMO Blunclc Final Du:ree of Divorcs 1age32 Page 67 of 207 doozo6 000067 59 I! _. 9c~~· 2012 9:27AM Barrett & Coble No. 0665 • P. 35 I omission of the other party and hold him or her hannless from all damages resulting ftom1 1 the claim or demand. Damages, as used in this provisioi~t includes any reasonable loss, cost, expense, I ' penalty, and other damage, including without limitation attorney's fees and other [costs and expenses reasonably and necessarily inCUlTed in enforcing this indemnity. i IT IS ORDERED that the indemnifying party will reimburse the inde~ified party. on demand, for any payment made by the in~~ified party at any time aftL the I entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona tide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates. Clarifying Orden Without affecting the finality of this Final Decree ofDivorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree. RelkfNot Grated IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied. This is a final judgmen~ for which let execution and all writs and processes necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties and is appealable. IMMO Blrm& Fmal Det:ree ofDivore4 Page;; Page 68 of 207 000207 000068 60 • .0ct.... ~. 2012 9: 27AM Ba rr et t & Cobl e No. 0865 P. 36 Utulisclosed Assets I I~ is, therefore, ORDERED AND DECREED that any property not disclo~d by I ! Tedde R. Blunck in this proceeding, which property is later detennined to be in the possession of or under the control of TeddeR. Blunck, shall be awarded to Cathy A. Blunck.! It is ORDERED AND DECREED that TeddeR. Blunck is designated as the constru~tive trustee of the property for the benefit of Cathy A. Blunck. I i I~ is ORDERED AND DECREED, as a part of the division of the estate of the i i parties that any community liability not expressly awarded to a party under the tenns of this Declree is to be paid by the party incurring the liability. I Date ofiJudgment i This divorce judicially PRONOUNCED AND RENDERED in court at in Hays ' County~ Texas, on 16 August 2012, and further noted on the court's docket sheet on the I same ~te, but signed on !Z.?~ 2 t 2012. IMMO Bl11nck Final Dscree ofDivorce Page 54 Page 69 of 207 000208 000069 61 _...oc~./4. 2012 9:27AM Barrett & Coble No. 0865 P. 37 APPROVED AS TO FORM ONLY: BARRETT AND COBLE 7200 North MoPac Expressway, Suite 440 Austin, Texas 78731 512-482-8193 512-482-0525 facsimile By: _ _ _ _ _ _ _ _ _ _ _ _ __ JohnBanett State Bar No. 01816300 Kathleen Debra Coble State Bar No. 24049063 TeddeR. Blunck 502 Quitman Street Pittsburgh, Texas 75686 903-855-8460 By:._________________________ TeddeR Blunck, Pro Se IMMO Blllrtdc Final Decree ofDivorce Page35 000209 Page 70 of 207 62 000070 Enforcement of Family Law Judgments Through Receivership Chapter 1~~ The Turnover Statute 31.002 Collection Of Judgment Through Court Proceeding. (a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that: (I) cannot readily be attached or levied on by ordinary legal process; and (2) is not exempt from attachment, execution, or seizure for the satisfaction of liabilities. (b) The court may: (I) order the judgment debtor to turn over nonexempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution; (2) otherwise apply the property to the satisfaction of the judgment; or (3) appoint a receiver with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment. (c) The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience. (d) The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding. (e) The judgment creditor is entitled to recover reasonable costs, including attorney's fees. (f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past due child support. (g) With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under Subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code. (h) A court may enter or enforce an order under this section that requires the turnover of nonexempt property without identii)ring in the order the specific property subject to turnover. TEX. CIV. PRAC. & REM. CODE ANN.§ 31.002 (WEST 2008). Page© 71 2013ofMike 207Bernstein IV 000071 . :. '. CAUSE NUMBER 11-1217 { : ,:. l' > ', J\~ {\\_J 1\ ) .- :2015 ... --. •~. q: ~s IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § I~·;. - . . - . .i;.r § . . . ,....-.1 c·r ... ,. . . u ~··-·-·-.f '. '•' t ............._' '\ TEDDER. BLUNCK § 22No JUDICIA1JI'DISTD:ICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS ORDER APPOINTING RECEIVER PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE On the date subscribed below, Cathy A. Blunck's Motion for Post-Judgment Receivership Pursuant to Section 31.002, Civil Practice and Remedies Code was presented to the Court. The Court, upon taking judicial notice of the file in this cause and upon a review of the substance of Cathy A. Blunck's motion, is of the opinion and does so find that a Receiver should be appointed to take possession of and sell the leviable assets ofTedde R. Blunck (hereinafter referred to as Judgment Debtor). Based on the pleadings, the evidence and the argument of counsel, the Court finds that the Judgment Debtor owns non-exempt property that cannot be readily attached or levied on by ordinary legal process. Notwithstanding any contrary language herein, this order does not compel turn over of Judgment Debtor's homestead, or checks for current wages or other exempt property. It is therefore ORDERED, ADJUDGED, and DECREED by this Court that Leon Breeden, whose address is 120 W. Hopkins, Suite 102, San Marcos, Texas, 78666,512-396-2199 (telephone), 512-754-7163 (facsimile), 1eon@leonbreeden.com be, and he is hereby appointed Receiver in this case pursuant to the provisions of Section 31.002 of the Texas Civil Practice and Remedies Code with the power and authority to take possession of and sell all leviable property of Judgment Debtor, In the Matter of the Marriage of Blunck Order on Motion for Post-Judgment Receivership Page I Page 72 of 207 000072 including, but not limited to the following non-exempt property: ( 1) all documents or records, including financial records, related to such property that is in the actual or constructive possession or control of the Judgment Debtor; (2) all financial accounts (bank account), certificates of deposit, money-market accounts, accounts held by any third party; (3) all securities; (4) all real property, equipment, vehicles, boats, and planes; (5) all safety deposit boxes or vaults; (6) all cash; (7) all negotiable instruments, including promissory notes, drafts, and checks; (8) cause of action or choses of action; (9) contract rights, whether present or future; and (1 0) accounts receivable; and that all such property shall beheld in custodia legis by said Receiver as of the date of this Order. • .s-J I{+ f,.:.f 6 (-(Ct. A 1 ".P( (t" ~ Judgment Debtor is ORDERED to turnover to the Receiver1.vithin five (5) from Judgment Debtor's receipt of a copy of this Order: 1) the documents contained on Exhibit "A" attached hereto, together with all documents and financial records which may be requested by the Receiver; 2) all checks, cash, securities (stocks and bonds), promissory notes, documents of title, and contracts owned by or in the name of Judgment Debtor. . r/' £AA~rl ,a- i f 0 +-~f.S.T~~t:QURTS OF § HAYS cou:, r'l·, Tii')(.,td; § ~ § HAYS COUNTY, TEXAS § Ca,+f,~ A.~ § § ~~~JUDICIAL DISTRICT RECEIPT OF EXHIBITS I, the undersigned court reporter for the above District Court, do hereby tender for filing to the District Clerk of Hays County the following exhibits in the above styled and numbered cause: fV1 D·vun-fl~ -pJ.A I I§ I I )!JiU.S EXHIBITS ;/2. 1n7t~'t:~~v~ 3. ~ 4 .. s. 6. 7. 8. 9. 10. 11. 12. H~ t?vti ~-tt-t~ I, , Beverly Crumley , District Clerk, do hereby acknowledge receipt of the above listed exhibits in the above numbered and styled cause . I • DATED ~his CJ day of FEZ312?1AR.. Y , 2.0~ L5 . I ---- ~--~-- ~ I Page 87 of 207 000087 I FILED 2/13/2015 7:37:13 PM Beverly Crumley District Clerk Hays County, Texas CAUSE NO. 11-1217 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDE R. BLUNCK § 22 JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS DESIGNATION OF CLERK'S RECORD TO THE CLERK OF THE COURT: Tedde R. Blunck requests the clerk of the Court to prepare a record of these proceedings, including all matters required by rule 34.5(a) of the Texas Rules of Appellate Procedure and specifically including the following documents: 1. All documents filed or entered of record in the matter from December 1, 2014 through and including February 9, 2015, and 2. All Exhibits filed or entered of record in the matter from December 1, 2014 through and including February 9, 2015. Respectfully submitted, TEDDE R. BLUNCK 502 Quitman Street PO Box 1152 Pittsburg, Texas 75686 Tel: (903) 855-8460 Fax: (903) 855-8465 E-Mail: tedde@bluncklaw.net By: Tedde R. Blunck, Pro Se Petitioner Page 88 of 207 000088 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on February 13, 2015. Tedde R. Blunck, Pro Se Petitioner Page 89 of 207 000089 FILED 2/26/2015 1:49:39 PM Beverly Crumley District Clerk Hays County, Texas CAUSE NO. 11-1217 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDE R. BLUNCK § 22 JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS NOTICE OF APPEAL This Notice of Appeal is filed by Tedde R. Blunck, Petitioner, a party to this proceeding who seeks to alter the trial court's judgment or other appealable order. 1. The trial court, cause number, and style of this case are as shown in the caption above. 2. The judgment or order appealed from is titled ORDER APPOINTING RECEIVER PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE and was signed on February 9, 2015. 3. Tedde R. Blunck desires to appeal from all portions of the judgment. 4. This appeal is being taken to the Third Court of Appeals. 5. This notice is being filed by Tedde R. Blunck. Respectfully submitted, TEDDE R. BLUNCK, PRO SE 502 Quitman Street PO Box 1152 Pittsburg, Texas 75686 Tel: (903) 855-8460 Fax: (903) 855-8465 By: Tedde R. Blunck, Pro Se tblunck@yahoo.com Notice of Appeal Page 1 of 2 Page 90 of 207 000090 Certificate of Service I certify that a true copy of this Notice of Appeal was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows: Party: Cathy A. Blunck Lead attorney: Karl Hays Address of service: Law Office of Karl Hays, 2101 South -35, Suite 210, Austin, Texas 78741 Email Address: karlhays@haysfamilylaw.com Method of service: by electronic service Date of service: February 26, 2015 Party: Receiver - Leon Breeden Lead attorney: Leon Breeden Address of service: 120 W. Hopkins, Suite 102, San Marcos, Texas 78666 Email Address: leon@leonbreeden.com Method of service: by electronic service Date of service: February 26, 2015 Tedde R. Blunck, Pro Se Notice of Appeal Page 2 of 2 Page 91 of 207 000091 CIVIL DOCKET ... . It iJiUI.... TM4o ,. DATE - -- Page 92 of 207 000092 JJftl.fi UK.lJJ£~ u.tr T.l:f..J£CUUK1' ~ c.l..:e . Page 93 of 207 000093 CRIMINAL DOCKET -- -- ~ i!!! ----~- l........,·- - - - ~ - Blunck. Tadde R ProSe -- ~- DATE ORDERS OF THE COURT I_--- ---+-------~ -= = ~= -- O.llod• l Ud Anoraoy Blunck, Cltlly A Coble, Kathleen Debre iiiiiiiiii I I I I Page 94 of 207 000094 ·-- - ·- r - -- DATE ORDERS OF THECOURT Page 95 of 207 000095 11 -1217 ----- F1led 06/1512011 -- IMMO: TED DE ft. BLUNCK AND CATHY A. BLUNCK - CIVIL DOCKET ,..." l--- -- ~~------~---------;- Blunck. Teclde ft ProSe ----- ~- ~- ~ -- Page 96 of 207 000096 --- - - - - - - - - - - - - - - -- - - - - - - -- - . 0'-\TE . ORDERS OF THECOLRT . . . r ·- _ ~ .._ I 4_-;&-J..-, .Bjl I I .~ ; I /JY ;}I b/'.r +fO'~ 4 L~.c-ut... ?'_~ '* /.A /'!!'_ c-~ I / I ' -- ~ ' ~ 2. 9 /S' . ~c~. (.(;/ f I A"U> 1: ·- .t. -ytJr 4 ="-L t~ /c-~w/-- k /ece. ;~Cc l 4~ ~..,... j 'J- - ~· /) " I o:2 ~ -r../7 ..;& . - . . . / . ('' ..- ./ ;1'!1'/0V't.,. ?.~ ~ C..r / - ../.' . .-'1- ~ A4 6!11.~~~ L 9-= /t!"'re...;~ I . I --I I I (./~ ~ ,(;~ l/lrr? .Pit ' i F JI ! I "! I l I I I ~ l ~ I - ~ I I '' _j - -- I I : .' i I I -·- - - ·--- · --· Page 97 of 207 000097 BEVERLY CRUMLEY HAYS COUNTY DISTRlCT CLERK HAYS COUNTY GOVERNMENT CENTER 712 S. STAGECOACH TRAIL, STE. 2211 SAN MARCOS, TEXAS 78666 5 12-393-7660 CASENO. 11-121 7 TEDDER. BLUNCK VS. CATHY A. BLUNCK BILL OF COSTS TYJ>e of Fee Charges Paid By Court of Appeals 3 rd 5.00 5.00 TEDDE BLUNCK Alternative Dispute : 15.00 15.00 TEDDE BLUNCK Resolution System Fee Issuance of Citation(s) I 8.00 8.00 TEDDE BLUNCK Clerk Filing Fee 50.00 50.00 TEDDE BLUNCK Constable Service Fee 65.00 65.00 TEDDE BLUNCK Cost of Clerk's Record (20 13) 372.00 372.00 TEDDE BLUNCK Cost of Clerk's Record (20 I 5) 98.00 98.00 TEDDE BLUNCK Court Building Fund 15 .00 J5.00 TEDDE BLUNCK Court Records Pres. Fee 10.00 10.00 TEDDE BLUNCK Courthouse Security Fee 5.00 5.00 TEDDE BLUNCK District Court Tech. Fee 10.00 10.00 TEODE BLUNCK E-Filing Convenience Fee 78.00 78.00 TEDDEBLUNCK Family Protection Fee 15.00 15.00 TEDDEBLUNCK Indigent Services - Family 15.00 15.00 TEDDE BLUNCK Judicial Fund Court Costs 45 ,00 45 .00 TEDDEBLUNCK Law Library Fee 20.00 20.00 TEDDE BLUNCK Motion to Modify 15.00 15.00 TEDDE BLUNCK Motion for New Trial 15.00 15.00 TEDDE BLUNCK Records Mgmt!Preservation 10.00 10.00 TEDDEBLUNCK Records Mgmt/Pres. - DC 10.00 10.00 TEDDE BLUNCK Reports/Copies 1.00 1.00 TEDDE BLUNCK Steno Fee 15.00 15.00 TEDDEBLUNCK Support of the Judiciary Fee 42.00 42.00 TEDDE BLUNCK Abstract of Judgment 8.00 8.00 CATHY BLUNCK Citation 16.00 16.00 CATHY BLUNCK Counterclaim- Family 15.00 15.00 CATHY BLUNCK District Cowt Tech. Fee 5.00 5.00 CATHY BLUNCK E-Filing Fee - Civil 50.00 50.00 CATHY BLUNCK [ndigent Services - Family 15.00 15.00 CATHY BLUNCK Motion for Enforcement 30.00 30.00 CATHY BLUNCK Records Mgmt & Pres. Fee 5.00 5.00 CATHY BLUNCK Records Mgmt/Pres - DC 5.00 5.00 CATHY BLUNCK Show Cause Notice 24.00 24.00 CATHY BLUNCK I, Beverly Crumley, Clerk of the District Courts in and for Hays County, Texas, do hereby certify the above to be a correct account of the cost5 due in the above entitled and numbered cause up to this date. Given under my hand and official seal on this the 18TH day of MARCI-l, 20 I 5. BEVERLY CRUMLEY, DISTRICT CLERK ::,~·TEWOO!J'bi , oepu~ Page 98 of 207 000098 CLERK ' S CERTIFICATE THE STATE OF TEXAS § § § COUNTY OF HAYS § I , BEVERLY CRUMLEY , Clerk of t h e District Courts , within and for the State and County aforesaid , do hereby certify that the documents contained in this record to which this certification is attached are all of the documents specified by Texas Rule of Appellate Procedure 34 . 5(a) and all other documents timely requested by a party to this proceeding under Texas Rule of Appellate Procedure 34 . 5(b) . GIVEN UNDER MY HAND AND SEAL at my office in San Marcos , Texas this 18th day of MARCH , 2015 . BEVERLY CRUMLEY District Clerk Hays County , Tex as By : ---..!.J~--¥'A"!J be added to the trust estate; and WHEREAS. ®. Trtl$tee is Wilting ro hold and adntinister sucll pl' V' o [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4067713. Public record. Not legal advice.