Freda White v. Primose at Heritage Park

on 5/28/2015 2:05:31 PM

OFFICE OF STAN STANART FILED IN
COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS
CIVIL COURTS DEPARTMENT HOUSTON, TEXAS
5/28/2015 2:09:17 PM
May 28, 2015
CHRISTOPHER A. PRINE
Clerk
Court of Appeals
301 Fannin
Houston, Texas 77002

LETTER OF

Court Docket Number: 1061446
Trial Court Number: Four (4)

Style:
FREDA WHITE VS. AT HERITAGE PARK
APPELLANT(S) APPELLEE(S)

Judge: ROBERTA LLOYD

Appellant(s) Attorney: Appellee(s) Attorney:
Freda White, Pro Se Scott H. Fournier, N o. 24085312
10355 Old Bammel No. 4204 3311 Richmond Avenue, Suite 305
Houston, Texas 77086 Houston, Texas 77098
Phone: N/A Phone: (713) 622-2111
Fax: N/A Fax: (713) 622-2119
E-Mail: N/A E-Mail: scott@cweren1aw.com

Freda White, appellant, a of Appeal on May 27, 2015 the Final that was on May 11,
2015.The

Clerk’s Record is due to your office on or before June 10, 2015.

/S/Joshua Alegria
Alegria
Deputy Clerk
P.O. Box 1525
Houston, TX 77251-1525
(713) 755-64211>.o.

1525 I TX 77251-1525 I (713) 755-6421

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 at HERITAGEPARK § INTHECOUNTYCIVILCOURT

§ at LAWNO. FOUR (4)

WHITE § HARRISCOUNTY,TEXAS

AFFIDAVIT
with PAUPER's
MOTIONTOAPPEAL

FREDABRASHERWHITE,Pro Se Litigant, as Defendant, requests with sincerest intent for Remedy that

the Court grant Relief to Defendant for late fees, administartive fees, costs of court fees, attorneys'

fees and any & all other and further relief, both general and special, that the Plantiff, with intentional

prejudice, may show justily entititled.

FREDABRASHERWHITEis currently stating Non—Waiverof right to seek Legal Counsel and

Representation in this matter at some time in the future.

FREDABRASHERWHITE,as Defendent for good cause, prays for against the Plantiff,

Primrose at Heritage Park, due to Untimely and Late Notice of Appearance of Councel for Plantiff,

Primrose at Heritage Park. Certified Mail signed Receipt with show evidence of this Untimely and Late

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 BRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Piantiff,

at Heritage Park, due to Plantiff and their Counsel Contest of Defendant's Motion for

BRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,

at Heritage Park, due Plantiff and their Counsel NON-Notice to Defendant, Freda Brasher

White, of Default Judgment from May 11, 2015 hearing in County Civil Court at Law No. Four, Harris

County, Texas under the above named Docket number.

FREDABRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,

Primrose at Heritage Park, and their Counsel; That these named parties with prejudice violated

Defendant's legal rights under Texas Rules of CivilProcedure 124.

FREDABRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,

Primrose at Heritage Park, by granting of requested Pauper's Affadivit with Defendant' proven

inability to pay, of Attorneys' fees and Plantiff's supplementation of requested relief with May 11,

2015 Default Judgment against this Defendant.

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 Docket
Number:
1061446

PARK
HERITAGE § INTHECOUNTY COURT
CIVIL

§ at LAWNO. FOUR(4)

WHITE COUNTY,
HARRIS TEXAS

BRASHERWHITE,for good cause, is filing this Motion while seeking treatment and

surgical intervention for Li-Fraumeni Syndrome.

Respectfully,

BRASHER
FREDA ProSe
WHITE,

10335OldBammelN.HoustonRoad#4204

Houston, Texas 77086

THISDOCUMENT
NOTICE: CONTAINS
SENSITIVE
DATA

’I that the this document are true

Signature

4
 ddress

(Daytime)

SUBSCRIBED
AND TOBEFORE
me

this day of ,20
.

NOTARYPUBLICfor the State of Texas

5
 -

' ·

DEFENDANT'S
PAUPER'S
AFFIDAVIT
FORAPPEAL
TEXAS
·

BEFOREM the authority, on this day personally appeared
,
who, being byme duly sworn, on oath stated:

"My 1
premises which is the subject of this suit. I wish to appeal the judgment of this court
pursuant to Rule 749a of the Texas Rules of Civil Procedure and Section of the
Texas Property Code. My income, property, monthly expenses, debts, and dependents are
described below:

n 1A n
a) Net Employment: $
b) Spouse Income (available to me):$
c) TANFIncome: '
d) SSI/SSDI Income: $
e) Other Income $

a) Vehicles[make/yr)
-
AppxBalanceofVehicleLoan:$
Appx Balance of Vehicle Loan: $

b) Checking Account: Savings Account: $ Cash: $

c) Other real or personal property (excluding ousehold furnishing, clothes, tools of a
trade, and personal effects):

1 of 1

6
Rent portion]: Food:
Car ChildCare/Support:

Applian
Clothing/
Laundry:
Transportation:
Insurance:
Medical/ Dental:
Utilities:
.

ChildSupport: Other:

Resi
CreditCard:

ential
dd
Other:

Spouse
ess
Payday Loan: Other:

Child
3
Child1

Child
4
OtherI
2 /

am unable to pay any part of the costs of appeal, file an appeal bond, or give security for
appeal because of my financial condition. I verify that the statements made in this
and
true
are correct."SignaturePrinted

Name
Address
Phone Number [Daytime]

SUBSCRIBEDANDSWORNTO BEFOREme on this day of 20
.

2o2f
NOTARY
PUBLIC
fortheStateofTexas

7
 NOTICE:THISDOCUMENTCONTAINSSENSITIVE
·
""he will inthe Cause whenyou thisform.)

Petitioner!
Inthe:
'

CourtNum r ounty Court
Justiceofthe
Respondent!
Defendant County,Texas

Unsworn Declaration of Indigency
1. I am filingthis Unsworn Declaration of Indigency in place of an Aftidavit of Indigency as
allowed by Section 132.001 of the Texas Civil Practices and Remedies Code.
2. I am unable to pay court costs. I declare under of that the statements made
in this Unsworn Declaration of Indigency are true and correct.
My name rs:
First Mi die Last
.
My date of birth is: I I
Month Day Year
Myaddress
Street Addres City State Zip Country
.
My email address is:
.
4. Government Entitlements one.)
I do not currently receive any government entitlements based on indigency (poverty).
receive the following government entitlements based on indi|enc (poverty):
- - |nt entitlements based on indigency include but are not limited t|. ood
WIC Chip, AABD, Needs-based VAP| sion Public Housing, |un ss s ance, County
ealth are, |neral Assistance, LISin Medica CommunityCare via DADS,Low-Income
EmergencyAssistance,Child are |ssistance underChildCareand Development
=oc .
List all government entitlements based on indigency received by you or your dependents and the dollar
ofthe ifa| proof
ofthe
govemment
entitlements
received
tothi|
Na elit Person
Getting
theBenefit Doll
r

5. Incomea.
My n monthly income from employment (after taxes) is: $
or I am not currently employed or self—empIoyed.
,
sp use’s net monthly income (after taxes) is:
, I am not married.
' or My spouse’s income is not available to me.
c. A other income I receive is listed below: List sourceofincome(i.e.unemployment,
social security, interest, dividends, child support, spousal support) and the monthly amount you recei e
'

© TexasLawHeIp.org, Declaration of December 2014 Page 1 of 2
Texas Rules of CivilProcedure, Rule 145 and Texas CivilPractice &Remedies Code, Rule 132.001

8
`ll
6. —The people who depend on me financiallyare listed below:
Relationship Me

'. Property —l own the following property:
List the property and its value - the amount the property would sell for less the amount you still owe on it. lf
there is no property in a particular category,
Bank Accounts (listbank,typeof_account
and amountof$ inaccount)

(list m and

Real - H0 e 0r Land (do not list the house you live in)

Other of Value (likeboats, jewelry, stocks,

|_
,_ ’
0. —-l lTlOriuuy
Rentl Mortgage Insurance (auto, life,health, etc.)
Food $ Vehicle ents
Utilities(electric/gas) Gas,
Telephone $ Child support l spousal $
Clothing and laundry $ Other expensesldebts: (descri e)
Medical,dental expenses
Childcare, school tuition $ $
Household supplies $

Total monthly expenses:
9. Additional information
Li t ny other facts you wan the know, such as unusual medical expenses, family emergencies, etc.

10. Formally signed under penalty of perjury in County, Texas n this
date: l
Signature

© TexasLawHe|p.org- Declarationof Indlgency,December 2014 Page 2 of 2
Texas Rules of Civil Rule 145 and Texas CivilPractice &Remedies Code, Rule 132.001

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 of Service
l willgive a copy of this document to the PIaintiff’sattorney or the Plaintiff(ifthe Plaintiffdoes
not have an attorney) on the same day this document is tiled with (turned into) the Court as
follows:
If I filethis document electronically, l willsend a copy of it to the Plaintiffor the Plaintiffs
attorney through the electronic file manager if possible. lf not possible, I willgive a copy to the
Plaintiffor the Plaintiffs attorney in person, by mall, by commercial delivery service, by fax, or
byemail.
Ifl file a paper copy of this document, l will give a copy of it to the Plaintiff or the Plaintiff’s
attorney in person, by mail, by commercial delivery service, by fax, or by email.

Defendant’s Signature

© TexasLawHeIp.org,Civil February 2014 Page 2 of 2

fillingout this form, read the Answer informationSheet at

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 at HERITAGEPARK In the County Court
at LawNo. Four (4)
WHITE Harris County, Texas

ROBERTALLOYD, Judge
DocketNumber:1061446

I, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Appeal was or will

be served on Counsel for PrimRose at Heritage Park Apartments, Attorneys of The Cweren Law

Firm including Brian P. Cweren, Scott H. Fournier, and/or the appointed representative by FAX

and via U.S. Postal Service 1st Class Mail in accordance with the Texas Rules of Civil
DELIVERY

Procedure on May 27th, 2015.

RespondentFREDA

BRASHERWHITE,Pro

10335 Old Bammel N. Houston Rd, #4204

Houston, Texas 77086

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 at HERITAGEPARK In the County CivilCourt
at Law No. Four (4)
WHITE Harris County, Texas

ROBERTALLOYD, Judge
Docket Number: 1061446
Certificateof Service

I, Freda Brasher White, Pro Se Litigant, do that a true copy of this Motion for Revocation of

Writ of Possession was or will be served on Counsel for PrimRose at Heritage Park

Apartments, Attorneys of The Cweren Law Firm including Brian P. Cweren, Scott H. Fournier, and/or

the appointed representative by FAXDELIVERY
and via U.S. Postal Service 1st Class Mail in accordance

with the Texas Rules of CivilProcedure on May 27th, 2015.

Respondent

Se|
FREDA
BRASHER
WHITE,
Pro

10335 Old Bammel N. Houston Rd, #4204

Houston, Texas 77086

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 PARK
at HERITAGE Inthe CountyCivilCourt
at Law No. Four (4)
Harris Texas

ROBERTALLOYD, Judge
Docket 1061446
Number:

I, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Revocation of

Writ of Possession was or will be served on PrimRose at Heritage Park Apartments, Manager Blanca

Munoz, Assistant Manager Sylvia Espinoza, and/or the appointed representative by HANDDELIVERY
at

the onsite location for afore mentioned apartment complex at 10335 Old Bammel North

Houston Road, Houston, Texas, 77086 in accordance with the Texas Rules of CivilProcedure on May

27th, 2015.

Respondent

Se|
FREDA BRASHERWHITE, Pro

10335 Old Bammel N. Houston Rd, #4204

Houston, Texas 77086

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 PARK
at HERITAGE In the CountyCivilCourt
at Law No. Four (4)

WHITE HarrisCounty,Texas

ROBERTALLOYD,
DocketNumber:1061446
Certificateof Service

Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Paupers Affadavit

was or will be served on PrimRose at Heritage Park Apartments, Manager Blanca Munoz, Assistant

at the onsite
Manager Sylvia Espinoza, and/or the appointed representative by HANDDELIVERY

location for afore mentioned apartment complex at 10335 Old Bammel North Houston

Houston, Texas, 77086 in accordance with the Texas Rules of Civil Procedure on May 27th, 2015.

RespondentFREDA

BRASHERWHITE,Pro

10335 Old Bammel N. Houston Rd, #4204

Houston, Texas 77086

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 PARK
at HERITAGE Inthe CountyCivilCourt
at Law No. Four (4)
Harris Texas

LLOYD,
ROBERTA
Docket Number: 1061446
Certificate of Service

l, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Paupers

Attorneys of The
was or will be served on Counsel for Plantiff, PrimRose at Heritage Park Apartments,

Cweren Law Firm including Brian P. Cweren, Scott H. Fournier, and/or the appointed representative by

and via U.S. Postal Service 1st Class Mail in accordance with the Texas Rules of Civil
FAXDELIVERY

Procedure on May 27th, 2015.

Respondent -

BRASHER
FREDA ProSe
WHITE,

10335 Old Bammel N. Houston Rd, #4204

Houston, Texas 77086

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 “CLOSED"
,
1061446
PRIMROSE AT HERITAGE PARK § IN THE COUNTY CIVIL COURT
§

VS. § AT LAW NUMBER FOUR (4)

FREDA WHITE AND ALL
OTHEROCCUPANTS § TEXAS
HARRISCOUNTY,

IT REMEMBERED that on this day came on to be heard the above-entitled and

numbered and Plaintiff PRIMROSE AT HERITAGE PARK ("Plaintiff’) appeared before

· the Court and ready for trial. Defendant FREDA WHITE and All Other Occupants

(collectively referred to as "Defendant") failed to appear and wholly made default at the time of

trial.The

Court, after considering the pleadings on file, the evidence presented at trial and the

arguments of the parties, is of the opinion and that: (l) Plaintiff is the owner and landlord

of and the Defendantis the tenant of the residentialleasedpremiseslocatedwithinCountyCivil

Court at Law Number Four (4), of Harris County, Texas at 10335 Old Bammel North Houston

Road, Apartment Number 4204, Houston, Harris Texas 77086, ("Leased Premises"); (2)

Plaintiff terminated the Defendant’s right to occupy the Leased Premises; (3) Plaintiff made

writtendemandupon the Defendantand all occupantsof the Leased Premisesto vacate same,

which demand was received by the Defendant as required by law; (4) the Defendant is thereby

guilty of forcible detainer; (5) Plaintiff is entitled to immediate possession of the Leased

Premises from the Defendant and all occupants of the Leased Premises; (6) Plaintiff is entitled to

recover any and all past due rental amounts due from the Defendant and all occupants of the

Leased Premises; (7) Plaintiff is entitled to recover its costs of court from the Defendant and all
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 of the Leased Premises; and (8) is entitled to recover its attomeys’ fees and

litigationcosts necessaryand reasonablyincurredby the prosecutionof this cause of actionfrom

the Defendant and all occupants of the Leased Premises. It is therefore,

that
andDECREED
ADJUDGED
ORDERED, ATHERITAGE
PRIMROSE

PARK shall be and hereby is awarded possession on or after

Premiseslocatedat 10335Old
/ , 2015,of the Leased
N hHouston
Bammel 4204,Houston,
Number
Road,Apartment Texas77086,
County,
from FREDA WHITE and All Other Occupants, jointly and severally; it is,

‘.| A A
.

·· . - ·• o1mme|1ae •• · · ·

ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to

Plaintiff PRIMROSE AT HERITAGE PARK in past due rental

amounts properly due and owing Plaintiff PRIMROSE AT HERITAGE PARK pursuant to the

terms of the Lease, with interest thereon at the rate of five (5%) percent per from the date

of this Judgment until paid; it is,

ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to

Plaintiff PRIMROSE AT HERITAGE PARK all its costs of court, together with post-judgment

interest thereon at the rate of five (5%) percent per annum from the date of this Judgment

paid; it is, further,

ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to

the Plaintiff PRIMROSE AT HERITAGE PARK $ in attorneys’

fees and litigation costs necessary and reasonably by the prosecution of this cause of

action, pursuant to the terms of the lease, with interest thereon at the rate of five (5%) percent per
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 from the date of this Judgment until paid; it is further,

ORDERED, ADJUDGED and DECREED that Plaintiff PRIMROSE AT HERITAGE

PARK shall have and from Defendant FREDA WHITE additional attorneys’ fees in the

followingamounts: $7,500.00in the event of an unsuccessfulappeal by DefendantFREDA

WHITE to the Court of Appeals; an additional $7,500.00 for making or responding to an

unsuccessfulpetitionfor review to the SupremeCourt of Texas; and an additional$7,500.00if

the petition for review is granted by the Supreme Court of Texas. Interest on said sum for

attorneys’ fees shall accrue at the rate of percent (5%) per from the date of this

Judgment until paid; it is further,

ORDERED, ADJUDGED and DECREED that in the event of an appeal of this

Judgment, Defendant FREDA WHITE’s supersedeas bond is hereby set at ten (10) times the

market rent for Defendant’s apartment, in the amount of $ · and

shall be posted within ten (10) days of the date of this Judgment in the form of cash, cashier’s

check, or by and through a corporate surety licensed for such purposes and doing business in the

State of Texas; and,

This judgment disposes of all claims and all parties and is appealable.

SIGNED on this day of May, 2015.

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APPROVED AND ENTRY REQUESTED:

LAWFIRM

P.
State Bar No. 24001956
H.
StateBarNo. 24085312
3311 Richmond, Suite 305
Houston, Texas 77098
Telephone: (713) 622-2111
Facsimile: (713) 622-2119

FOR PLAINTIFF,
PRIMROSE AT HERITAGE

At the time of
foundto be for photographic
reproduction of Iiiegibllity, or
photo copy, discoiored paper. etc. AHblockouts,
and changes at the
the instrumentwas and recorded.

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