FREDA WHITE VS. PRIMROSE AT HERITAGE PARK
Trial Court Docket Number: 1061446
COUNTY CIVIL COURT AT LAW NO. FOUR (4), HARRIS COUNTY, TEXAS
May 28, 2015
Judge: ROBERTA LLOYD
APPELLANT(S): FREDA WHITE; APPELLEE(S): PRIMROSE AT HERITAGE PARK
COUNTY CLERK, HARRIS COUNTY, TEXAS
CIVIL COURTS DEPARTMENT
May 28, 2015
14th Court of Appeals
301 Fannin
Houston, Texas 77002
LETTER OF ASSIGNMENT
Appellant(s) Attorney:
Freda White, Pro Se
10355 Old Bammel No. 4204
Houston, Texas 77086
Phone: N/A
Fax: N/A
E-Mail: N/A
Appellee(s) Attorney:
Scott H. Fournier, No. 24085312
3311 Richmond Avenue, Suite 305
Houston, Texas 77098
Phone: (713) 622-2111
Fax: (713) 622-2119
E-Mail: scott@cwerenlaw.com
Freda White, appellant, filed a Notice of Appeal on May 27, 2015 from the Final Judgment that was signed on May 11, 2015.
The Clerk‘s Record is due to your office on or before June 10, 2015.
/S/Joshua Alegria
Joshua Alegria
Deputy Clerk
PRIMROSE at HERITAGE PARK § IN THE COUNTY CIVIL COURT
vs § at LAW NO. FOUR (4)
FREDA WHITE § HARRIS COUNTY, TEXAS
MOTION TO APPEAL with PAUPER‘S AFFIDAVIT
FREDA BRASHER WHITE, 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.
FREDA BRASHER WHITE is currently stating Non-Waiver of right to seek Legal Counsel and Representation in this matter at some time in the future.
FREDA BRASHER WHITE, as Defendent for good cause, prays for Relief Judgment 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
FREDA BRASHER WHITE, as Defendent for good cause, prays for Relief Judgment against the Plantiff, Primrose at Heritage Park, due to Plantiff and their Counsel Contest of Defendant‘s Motion for Continuance.
FREDA BRASHER WHITE, as Defendent for good cause, prays for Relief Judgment against the Plantiff, Primrose 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.
FREDA BRASHER WHITE, 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
FREDA BRASHER WHITE, 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.
PRIMROSE at HERITAGE PARK § IN THE COUNTY CIVIL COURT
vs § at LAW NO. FOUR (4)
FREDA WHITE § HARRIS COUNTY, TEXAS
FREDA BRASHER WHITE, for good cause, is filing this Motion while seeking medical treatment and surgical intervention for Li-Fraumeni Syndrome.
Respectfully,
FREDA BRASHER WHITE, Pro Se
10355 Old Bammel N. Houston Road #4204
Houston, Texas 77086
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
“I verify that the statements made in this document are true and correct.”
Signature
FREDA BRASHER WHITE
10335 OLD Bammel N. Hou Rd
#4204 Houston, Tx 77086
Phone Number (Daytime)
281 773 0345
SUBSCRIBED AND SWORN TO BEFORE me on this 27th day of May, 2015.
NOTARY PUBLIC for the State of Texas
PrimRose at Heritage Park § IN the County Civil Court
V. § at LAW NO. Four (4)
FREDA WHITE § HARRIS COUNTY, TEXAS
DEFENDANT‘S PAUPER‘S AFFIDAVIT FOR APPEAL
STATE OF TEXAS § Honorable Roberta Lloyd,
COUNTY OF HARRIS § Presiding Judge
BEFORE ME, the undersigned authority, on this day personally appeared FREDA BRASHER WHITE who, being by me duly sworn, on oath stated:
“My name is Freda Brasher White and I am a tenant of the premises which is the subject of this suit. I wish to appeal the judgment of this court pursuant to
AVAILABLE INCOME Monthly Amount Nature (Source or Description)
a) Net Employment: $ -0-
b) Spouse Income (available to me): $ -0-
c) TANF Income: $ -0-
d) SSI/SSDI Income: $ 812.00 SSDI
e) Other Income $ 1059.99 LIBERTY Mutual Trust SIBs
PROPERTY
a) Vehicles (make/yr) -0- Appx Balance of Vehicle Loan: $ -0-
-0- Appx Balance of Vehicle Loan: $ -0-
b) Checking Account: $ 2.54 Savings Account: $ 0 Cash: $ 17.83
c) Other real or personal property (excluding household furnishing, clothes, tools of a trade, and personal effects): NONE -0-
Rent (tenant portion): 702.00 Food: 300.00
Car Payment: -0- Child Care/Support: -0-
Transportation: 200.00 Medical/Dental: 150.00
Insurance: 96.00 Utilities: 350.00
Clothing/Laundry: 50.00 Appliance/Furniture: -0-
DEBTS (Total Owed)
Child Support: -0- Other:
Credit Card: 2300.00 Other:
Payday Loan: -0- Other:
DEPENDENTS Age Residential Address
Spouse N/A Apt #4204
Child 1 N/A OLD BAMMEL N. Hou Rd
Child 2 Houston TX 77086
Child 3
Child 4
Other
I 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 affidavit are true and correct.”
Signature
FREDA BRASHER WHITE
Printed Name
10335 OLD BAMMEL N. Hou Rd Apt 4204 Houston 77086
Address
(281) 773 0345
Phone Number (Daytime)
SUBSCRIBED AND SWORN TO BEFORE me on this 27 day of MAY, 2015.
NOTARY PUBLIC for the State of Texas
Cause Number: 1061446
Petitioner/Plaintiff PrimRose @ Heritage Park Apartments
In the: Law No 4 Court Number
Honorable Roberta Lloyd, Presiding Judge
Respondent/Defendant FREDA BRASHER WHITE HARRIS County, Texas
Unsworn Declaration of Indigency
- I am filing this Unsworn Declaration of Indigency in place of an Affidavit of Indigency as allowed by
Section 132.001 of the Texas Civil Practices and Remedies Code . - I am unable to pay court costs. I declare under penalty of perjury that the statements made in this Unsworn Declaration of Indigency are true and correct.
- My name is: FREDA BRASHER WHITE
My date of birth is: 01 / 11 / 1955
My address is: Apt #4204, 10335 OLD BAMMEL N. HOUSTON Rd. HOUSTON TX 77086 USA
My email address is: wh.country55@gmail.com - Government Entitlements (Check one.)
[ ] I do not currently receive any government entitlements based on indigency (poverty).
[X] I currently receive the following government entitlements based on indigency (poverty):
Medicare QMB SNAP Northwest Assist Ministries and Houston Food Bank Life Line and Lite Up Texas Comprehensive Energy Assistance Program
Person Getting the Benefit: SELF
Dollar Amount: $ 116.00 / $ 200.00 / $ 35.00 / 83.33 - Income
a. My net monthly income from employment (after taxes) is: $ -0-
or [X] I am not currently employed or self-employed.
b. My spouse‘s net monthly income (after taxes) is: $ No Spouse Not Applicable
or [X] I am not married.
c. All other income I receive is listed below:
Liberty Mutual Supplemental Income Benefit $ 1059.99
Social Security Disability Income $ 812.00
Dependents — The people who depend on me financially are listed below:
Name: SELF- FREDA BRASHER WHITE Age: 60 Relationship to Me: SELF- Property — I own the following property:
Bank Accounts
CHASE BANK Checking Acct $ 2.94
Vehicles
None
Real Estate
None
Other Property of Value
Misc Household, Clothing, Costume Jewelry $ 2500.00
TV, computers, printer $ [BLANK]
Furniture $ 1500.00 - Monthly Expenses — I have the following monthly expenses:
Rent / Mortgage + late fees $ 752.00 Insurance (auto, life, health, etc.) $ 95.45
Food $ 116.00 Vehicle payments $ -0-
Utilities (electric/gas) $ 200.00 Gas, bus fare, auto repair $ 100.00
Telephone $ 15.00 Child support / spousal support $ -0-
Clothing and laundry $ 50.00 Other expenses/debts: CREDIT CARDS (6) $ 350.00
Medical, dental expenses $ 60.00
Child care, school tuition $ -0-
Household supplies $ 50.00
Total monthly expenses: $ 1763.45 - Additional Information
New Diagnosed Li-Fraumeni Syndrome Multiple Surgeries Pending - Formally signed under penalty of perjury in HARRIS County, Texas on this date: 05 / 07 / 2015
Your Signature
I will give a copy of this document to the Plaintiff‘s attorney or the Plaintiff (if the Plaintiff does not have an attorney) on the same day this document is filed with (turned into) the Court as follows:
If I file this document electronically, I will send a copy of it to the Plaintiff or the Plaintiff‘s attorney through the electronic file manager if possible. If not possible, I will give a copy to the Plaintiff or the Plaintiff‘s attorney in person, by mail, by commercial delivery service, by fax, or by email.
If I file a paper copy of this document, I 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
5/27/15
Date
vs at Law No. Four (4)
FREDA WHITE Harris County, Texas
HONORABLE ROBERTA LLOYD, Presiding Judge
Docket Number: 1061446
Certificate of Service
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 Plantiff 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 DELIVERY and via U.S. Postal Service 1st Class Mail in accordance with the
Respondent
FREDA BRASHER WHITE, Pro Se FBW
10335 Old Bammel N. Houston Rd, #4204
Houston, Texas 77086
vs at Law No. Four (4)
FREDA WHITE Harris County, Texas
HONORABLE ROBERTA LLOYD, Presiding Judge
Docket Number: 1061446
Certificate of Service
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 Counsel for Plantiff 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 DELIVERY and via U.S. Postal Service 1st Class Mail in accordance with the
Respondent
FREDA BRASHER WHITE, Pro Se FBW
10335 Old Bammel N. Houston Rd, #4204
Houston, Texas 77086
vs at Law No. Four (4)
FREDA WHITE Harris County, Texas
HONORABLE ROBERTA LLOYD, Presiding Judge
Docket Number: 1061446
Certificate of Service
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 HAND DELIVERY at the onsite office location for afore mentioned apartment complex at 10335 Old Bammel North Houston Road, Houston, Texas, 77086 in accordance with the
Respondent
FREDA BRASHER WHITE, Pro Se FBW
10335 Old Bammel N. Houston Rd, #4204
Houston, Texas 77086
vs at Law No. Four (4)
FREDA WHITE Harris County, Texas
HONORABLE ROBERTA LLOYD, Presiding Judge
Docket Number: 1061446
Certificate of Service
I, 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 Manager Sylvia Espinoza, and/or the appointed representative by HAND DELIVERY at the onsite location for afore mentioned apartment complex at 10335 Old Bammel North Houston Road, Houston, Texas, 77086 in accordance with the
Respondent
FREDA BRASHER WHITE, Pro Se FBW
10335 Old Bammel N. Houston Rd, #4204
Houston, Texas 77086
vs at Law No. Four (4)
FREDA WHITE Harris County, Texas
HONORABLE ROBERTA LLOYD, Presiding Judge
Docket Number: 1061446
Certificate of Service
I, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Paupers Affadavit was or will be served on Counsel for Plantiff, 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 DELIVERY and via U.S. Postal Service 1st Class Mail in accordance with the
Respondent
FREDA BRASHER WHITE, Pro Se FBW
10335 Old Bammel N. Houston Rd, #4204
Houston, Texas 77086
CAUSE NO. 1061446
PRIMROSE AT HERITAGE PARK § IN THE COUNTY CIVIL COURT
§
VS. § AT LAW NUMBER FOUR (4)
§
FREDA WHITE AND ALL §
OTHER OCCUPANTS § HARRIS COUNTY, TEXAS
DEFAULT JUDGMENT
BE IT REMEMBERED that on this day came on to be heard the above-entitled and numbered cause and Plaintiff PRIMROSE AT HERITAGE PARK (“Plaintiff“) appeared before the Court and announced 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 finds that: (1) Plaintiff is the owner and landlord of and the Defendant is the tenant of the residential leased premises located within County Civil Court at Law Number Four (4), of Harris County, Texas at 10335 Old Bammel North Houston Road, Apartment Number 4204, Houston, Harris County, Texas 77086, (“Leased Premises“); (2) Plaintiff terminated the Defendant‘s right to occupy the Leased Premises; (3) Plaintiff made written demand upon the Defendant and all occupants of the Leased Premises to 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
ORDERED, ADJUDGED and DECREED that Plaintiff PRIMROSE AT HERITAGE PARK shall be and hereby is awarded possession on or after May 18, 2015, of the Leased Premises located at 10335 Old Bammel North Houston Road, Apartment Number 4204, Houston, Harris County, Texas 77086, from FREDA WHITE and All Other Occupants, jointly and severally; it is, further
ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to Plaintiff PRIMROSE AT HERITAGE PARK $ 3,057.10 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 annum from the date of this Judgment until paid; it is, further,
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 until paid; it is, further,
ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to the Plaintiff PRIMROSE AT HERITAGE PARK $ 1,200.00 in attorneys’ fees and litigation costs necessary and reasonably incurred 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
ORDERED, ADJUDGED and DECREED that Plaintiff PRIMROSE AT HERITAGE PARK shall have and recover from Defendant FREDA WHITE additional attorneys’ fees in the following amounts: $7,500.00 in the event of an unsuccessful appeal by Defendant FREDA WHITE to the Court of Appeals; an additional $7,500.00 for making or responding to an unsuccessful petition for review to the Supreme Court of Texas; and an additional $7,500.00 if 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 five percent (5%) per annum 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 $ 7,020.00 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 11 day of May, 2015.
JUDGE PRESIDING
THE CWEREN LAW FIRM
Brian P. Cweren
State Bar No. 24001956
Scott H. Fournier
State Bar No. 24085312
3311 Richmond, Suite 305
Houston, Texas 77098
Telephone: (713) 622-2111
Facsimile: (713) 622-2119
bcweren@cwerenlaw.com
scott@cwerenlaw.com
ATTORNEYS FOR PLAINTIFF,
PRIMROSE AT HERITAGE PARK
RECORDER‘S MEMORANDUM:
At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photo copy, discolored paper, etc. All blockouts, additions and changes were present at the time the instrument was filed and recorded.