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CAUSE NO. 18-12-16954
WALNUT COVE PROPERTY IN THE DISTRICT COURT OF
OWNERS ASSOCIATION
Plaintiff
MONTGOMERY COUNTY, TEXAS
THELMA HARPER AND DAVID
HARPER JUDICIAL DISTRICT
Defendants
DEFAULT JUDGMENT
On the belowinscribed
date, being after the appearance date of Defendant, DAVID
HARPER, with Court regularly in session and term, time and place, wherein the above entitled
and numbered
cause was commenced. The Judge in open Court regularly called said cause in order
on the docket.
Defendant was duly served with citation. The said Defendant has at all times heretofore
failed to appear and make Answer
on Defendants’ behalf, and have wholly
made default.
Wherefore, citation with officer's retum thereon having been on file with the Clerk of the
Court fora period of ten (10) days exclusive of filing and this date, said Plaintiff sought
to recover
the relief it requested by the premises against said Defendant being in default.
It appearing to the Court that this cause of action is for the collection of delinquent
maintenance assessments, which have accrued against Defendants’ property legally described as:
Lots 26 & 27, Block 1, Section 1, Walnut C ove Subdivision, Located In The
William Weir Survey Abstract-42, Cabinet C, Sheet 181A, Of The Map
Records Of Montgomery C ounty, Texas.
More commonly known as 12280 Andwood Street, Willis, Montgomery
County, Texas 77318
Furthermore, it appearing to the Court that Plaintiff is entitled to recover
of and from
Defendant, reasonable attomeys’ fees in accordance with the Declaration applicable to all of the
lots in the Subdivision, and pursuant
to Section 5.006 of the Texas Property Code.
Minute
30th of October, 2019
IT IS THEREFORE ORDERED, ADJ UDGEDand DECREEDby this Court that said
Plaintiff, WALNUT COVE PROPERTY OWNERS ASSOCIATION shall have the relief
requested by it in its Plaintiffs Original Petition, and that Plaintiff shall have and recover of and
from Defendant, DAVID HARPERjudgm ent for:
as delinquent monthly and annual assessment fees, interest, late fees, finance
charges and administrative costs for the years 201 through August, 2019
621.5 as attomeys’ fees and expenses
from December 21, 2018
to date of
Judgment; and
all costs
of Court; and
interest on the total judgment of delinquent assessments only, fromthe dateo judgment
at the rate of 10% per annum compounded annually until paid; and
establishment
and foreclosure of Plaintiff’ s lien securing this judgment; and
that the personor persons designated by the Court to conduct
a sale, execute
a deed or
deed to the purchaser or purchasers according to the law;
if Defendant files a Motion for New Trial, or other po judgment motion, which is
ultimately denied by the Court either through Court Order or by operation of law,
Plaintiff is hereby awarded an additional 1,000.00
in attomeys’ fees and expenses;
additionally, if Defendant file an appeal (or cross _ eal) with the Court of Appeals
which is ultimately unsuccessful, Plaintiff will be further entitled to $10,000.00 as a
reasonable attomey fee. If Defendant file a petition forreview (or cross petition) in the
Court of Texas which is ultimatelydenied, Plaintiff will be further entitled to
$5,000.00 usbledle as a reasonable
attomey fee. If sucha petition forreview (orcross petition)
is granted, but relief is not ultimately granted to Defendant, Plaintiff
will be entitled to
an additional $#eis@@r0@ in attomey’s fees.
$5,000.00
Inthe event Plaintiff must obtain a writ of execution and/or an Order of Sale in order to
collect the amounts awarded herein, Plaintiff is further ordered the recovery of any and.
all publication costs and expenses, including additional attomey fees in the amount of
$1,500.00.
IT FURTHER ORDERED that the lien of Plaintiff, WALNUT COVE PROPERTY
OWNERS ASSOCIATION on the following property is foreclosed, to wit:
Lot 34, Block 03, of LaSalle Crossing, Section 1, a subdivision in Montgomery
County, Texas, according to the map or plat thereof recorded in the Map
Records of Montgomery C ounty, Texas under Cabinet C, Sheet 1A, as modified
Minute
30th of October, 2019
by any supplements thereto or replats thereof a copy of the Deed is attached
and incorporated
More commonly referred to as 12036 La Salle Branch, Conroe, Texas 77304
IT IS FURTHER ORDERED that an order
of sale may be issued
to any Sheriff
or any
Constable
in the State of Texas, directing him to seize and sell the above described property under
execution, in satisfaction of that portion of this Judgment.
IT IS FURTHER ORDERED that if the property
cannot be found, or if the proceeds
of the
sale are insufficient
to satisfy said portion of this Judgment, the Sheriff or other officer
shall take the
money, or any balance thereof remaining
unpaid, out
of any property of Defendant
as in the case of
ordinary execution.
IT IS FURTHER ORDERED that if any surplus remains after the payment of sums
adjudged
to be due, it shall be paid to the Defendant.
IT IS ORDERED that all relief requested in this case and not expressly granted is denied.
This is a final judgment, 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.
10/29/2019 3:42:38 PM
SIGNED this the day of. , 201
Robi
JUSGE PRESIDING
APPROVED AS TO FORM
AUGHTRY P.C.
By:___/sl Christopher
9. Archambault
ChristopherJ. Archambault
SBN: 24082634
17044 El Camino Real
Houston, Texas 77058
Telephone: (281) 4806888
Telecopier: (281) 2189151
archambaullt.fili ‘arine.com.
ATTORNEYS FOR PLAINTIFF
Minute
30th of October, 2019
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CAUSE NO. 18-12-16954 WALNUT COVE PROPERTY IN THE DISTRICT COURT OF OWNERS ASSOCIATION Plaintiff MONTGOMERY COUNTY, TEXAS THELMA HARPER AND DAVID HARPER JUDICIAL DISTRICT Defendants DEFAULT JUDGMENT On the belowinscribed date, being after the appearance date of Defendant, DAVID HARPER, with Court regularly in session and term, time and place, wherein the above entitled and numbered cause was commenced. The Judge in open Court regularly called said cause in order on the docket. Defendant was duly served with citation. The said Defendant has at all times heretofore failed to appear and make Answer on Defendants’ behalf, and have wholly made default. Wherefore, citation with officer's retum thereon having been on file with the Clerk of the Court fora period of ten (10) days exclusive of filing and this date, said Plaintiff sought to recover the relief it requested by the premises against said Defendant being in default. It appearing to the Court that this cause of action is for the collection of delinquent maintenance assessments, which have accrued against Defendants’ property legally described as: Lots 26 & 27, Block 1, Section 1, Walnut C ove Subdivision, Located In The William Weir Survey Abstract-42, Cabinet C, Sheet 181A, Of The Map Records Of Montgomery C ounty, Texas. More commonly known as 12280 Andwood Street, Willis, Montgomery County, Texas 77318 Furthermore, it appearing to the Court that Plaintiff is entitled to recover of and from Defendant, reasonable attomeys’ fees in accordance with the Declaration applicable to all of the lots in the Subdivision, and pursuant to Section 5.006 of the Texas Property Code. Minute 30th of October, 2019 IT IS THEREFORE ORDERED, ADJ UDGEDand DECREEDby this Court that said Plaintiff, WALNUT COVE PROPERTY OWNERS ASSOCIATION shall have the relief requested by it in its Plaintiffs Original Petition, and that Plaintiff shall have and recover of and from Defendant, DAVID HARPERjudgm ent for: as delinquent monthly and annual assessment fees, interest, late fees, finance charges and administrative costs for the years 201 through August, 2019 621.5 as attomeys’ fees and expenses from December 21, 2018 to date of Judgment; and all costs of Court; and interest on the total judgment of delinquent assessments only, fromthe dateo judgment at the rate of 10% per annum compounded annually until paid; and establishment and foreclosure of Plaintiff’ s lien securing this judgment; and that the personor persons designated by the Court to conduct a sale, execute a deed or deed to the purchaser or purchasers according to the law; if Defendant files a Motion for New Trial, or other po judgment motion, which is ultimately denied by the Court either through Court Order or by operation of law, Plaintiff is hereby awarded an additional 1,000.00 in attomeys’ fees and expenses; additionally, if Defendant file an appeal (or cross _ eal) with the Court of Appeals which is ultimately unsuccessful, Plaintiff will be further entitled to $10,000.00 as a reasonable attomey fee. If Defendant file a petition forreview (or cross petition) in the Court of Texas which is ultimatelydenied, Plaintiff will be further entitled to $5,000.00 usbledle as a reasonable attomey fee. If sucha petition forreview (orcross petition) is granted, but relief is not ultimately granted to Defendant, Plaintiff will be entitled to an additional $#eis@@r0@ in attomey’s fees. $5,000.00 Inthe event Plaintiff must obtain a writ of execution and/or an Order of Sale in order to collect the amounts awarded herein, Plaintiff is further ordered the recovery of any and. all publication costs and expenses, including additional attomey fees in the amount of $1,500.00. IT FURTHER ORDERED that the lien of Plaintiff, WALNUT COVE PROPERTY OWNERS ASSOCIATION on the following property is foreclosed, to wit: Lot 34, Block 03, of LaSalle Crossing, Section 1, a subdivision in Montgomery County, Texas, according to the map or plat thereof recorded in the Map Records of Montgomery C ounty, Texas under Cabinet C, Sheet 1A, as modified Minute 30th of October, 2019 by any supplements thereto or replats thereof a copy of the Deed is attached and incorporated More commonly referred to as 12036 La Salle Branch, Conroe, Texas 77304 IT IS FURTHER ORDERED that an order of sale may be issued to any Sheriff or any Constable in the State of Texas, directing him to seize and sell the above described property under execution, in satisfaction of that portion of this Judgment. IT IS FURTHER ORDERED that if the property cannot be found, or if the proceeds of the sale are insufficient to satisfy said portion of this Judgment, the Sheriff or other officer shall take the money, or any balance thereof remaining unpaid, out of any property of Defendant as in the case of ordinary execution. IT IS FURTHER ORDERED that if any surplus remains after the payment of sums adjudged to be due, it shall be paid to the Defendant. IT IS ORDERED that all relief requested in this case and not expressly granted is denied. This is a final judgment, 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. 10/29/2019 3:42:38 PM SIGNED this the day of. , 201 Robi JUSGE PRESIDING APPROVED AS TO FORM AUGHTRY P.C. By:___/sl Christopher 9. Archambault ChristopherJ. Archambault SBN: 24082634 17044 El Camino Real Houston, Texas 77058 Telephone: (281) 4806888 Telecopier: (281) 2189151 archambaullt.fili ‘arine.com. ATTORNEYS FOR PLAINTIFF Minute 30th of October, 2019