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NO. 21-1634-211
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF
PHILLIP L. HANCOCK § 211 JUDICIAL DISTRICT
AND
MARTHA DIX HANCOCK § DENTON COUNTY, TEXAS
RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR
INTERIM ATTORNEY’S FEES
This Response to Motion to Equalize Attorney’s Fees and Motion for Interim Attorney’s
Fees is brought by MARTHA DIX HANCOCK, Counterpetitioner, who moves to oppose the
Motion to Equalize Attorney’s Fees and Motion for Interim Attorney’s Fees brought by Petitioner,
The total estimated value of the marital estate is approximately $107,333.33.
Counterpetitioner’s monthly net income is approximately $4,000 per month.
Counterpetitioner’s bills per month are approximately $6,244.78 per month, including
$1026.92 that go towards the Petitioner’s monthly expenses.
Counterpetitioner pays $1026.92 towards Petitioner’s monthly expenses as follows:
i Utilities, including but not limited to, gas and water: $279.92.
iL Telephone, cable, and Wi-Fi: $290.00.
iil Life insurance: $4.24
iv Medical Insurance: $281.24
Dental Insurance: $37.38
Vi Vision Insurance: $3.14
vii Dog Food: $100.00
viil Dog Insurance: $31.00
RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S
FEES- Page |
IMOMO HANCOCK; Cause No. 21-1634-211
Counterpetition’s bills exceed her monthly net income by approximately $2,244.78.
Counterpetitioner cashed out her 401K that consists of $22,000 in a checking account out
of fear of Petitioner. Petitioner was in control of the finances, and Counterpetitioner
believed that this was the only way for her to escape Petitioner.
Counterpetitioner had hip replacement surgeries on May 18, 2020 and June 29, 2020.
During this time Counterpetitioner only took two weeks off in between each surgery and
was back in person at work in August, when the doctor strongly recommended waiting
until October due to her financial situation despite the severity of the procedures.
Petitioner on February 03, 2021 had $59,971.00 deposited into his joint checking account
prior to withdrawing the money. Petitioner received the $59,971.00 in exchange for a sale
of land in Hillsboro that Petitioner originally inherited from his Father.
According to the General Warranty Deed, attached hereto as Exhibit A, the marital estate
owns two thirds of the home.
The home is located at 622 Magnolia St., Denton, Texas 76201 and is a large 4-bedroom
house. We estimate the house is worth approximately $250,000 and that the balance
remaining on the mortgage is approximately $125,000.00 leaving the current net equity in
the home approximately $125,000. Therefore, the amount of equity from the home for the
marital estate is approximately $83,333.33.
Counterpetition secured the services of James H. Horton Law Firm, P.C., a licensed
attorney, to prepare and prosecute this suit. Counterpetitioner paid James H. Horton Law
Firm, P.C., attorney of record, in the amount of $5,000.00 as a retainer amount.
RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S
FEES- Page 2
IMOMO HANCOCK; Cause No. 21-1634-211
Counterpetitioner prays that this Court deny the Motion to Equalize Fees and Motion for
Interim Attorney’s Fees.
oner prays for general
Respectfully submitted,
JAMES H. HORTON LAW FIRM, P.C.
1513 N. Locust St.
DENTON, TX 76201
Tel: (940) 382-1561
Fax: (940) 488-2083
fo~
By:
James H. Horton
State Bar No. 10020500
jJames@jameshorton.attorney
Attorney for Counterpetitioner
Certificate of Service
certify that true copy of this Response to Motion to Equalize Attorney’s Fees and Motion
for Interim Attorney’s Fees was served in accordance with rule 21a of the Texas Rules of Civil
Chrysandra S. Bowen by electronic filing manager.
RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S
FEES- Page 3
IMOMO HANCOCK; Cause No. 21-1634-211
James H. Horton
Attorney for MARTHA DIX HANCOCK
RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S
FEES- Page 4
IMOMO HANCOCK; Cause No. 21-1634-211
sce
Denton County
Cynthia Mitchell
TAN AON
County Clerk
Denton, TX 76202
70-2013 00088154
Instrument Number: 2013-88154
As
Recorded On: July 17, 2013 Warranty Deed
Parties: SIMMONS KIRK Billable Pages: 4
To Number of Pages: 4
Comment:
( Parties listed above are for Clerks reference only)
** Examined and Charged as Follows: **
Warranty Deed 28.00
Total Recording: 28.00
seexeeeeee DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: : 2013-88154
Receipt Number: 1067006 TITLE RESOURCES
Recorded Date/Time: : July 17, 2013 03:08:54P WILL CALL
DENTON TX 76202
User/ Station : P Gaines - Cash Station 4
COURS) THE STATE OF TEXAS }
oS)
COUNTY OF DENTON }
Thoroby certify that this Instrument was FILED In the File Number sequence on the datoltime
printad heron, and was duly RECORDED In the Official Rocords of Donton County, Toxas.
&
Cathal Ps
County Clerk
1846, Denton County, Texas
Sb
me a
« x
1131497 Kut
AFTER RECORDING MAIL TO:
Herbert Hancock
1700 Manten Blvd
Denton, TX 76208
Prepared By:
Robertson Anschutz Vetters
10333 Richmond Avenue, Suite 550
Houston, TX 77042
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ 88.2 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Denton §
THAT Kirk Simmons, hereinafter called "Grantor", for and in consideration of the sum of Ten Dollars
*
($10.00) and other good and valuable consideration to Grantor in hand paid by Herbert Hancock, a single man,
hereinafter called "Grantee", whose mailing address is 1700 Manten Blvd, Denton, TX 76208, the receipt and
sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery by said
Grantee of one certain Promissory Note in the principal sum of One Hundred Forty-Nine Thousand Two
Hundred Forty-Six Dollars ($149,246.00), of even date herewith, payable to the order of Sente Mortgage, Inc.,
hereinafter called "Mortgage", bearing interest at the rate therein provided; said Note containing attorney's fee
clause and various acceleration of maturity clauses in case of default, and being sccured by Vendor's Lien and
Superior Title retained herein in favor of said Mortgagee, and also being secured by Deed of Trust of even date
herewith from Grantee to Ruth W. Garner, Trustee, Grantor has GRANTED, SOLD and CONVEYED, and by
these presents does GRANT, SELL and CONVEY, unto said Grantee, the following described Property located
in Denton County, Texas, to-wit:
‘eing Lot 15, ofthe R.D. MARTIN ADDITION, an Addition to the City of Denton, Denton
County, Texas, according to the Plat thereof, recorded in Volume 9, Page 23, Plat Records
of Denton County, Texas
*and Phillip Hancock and wife, Martha D. Hancock
Together with Grantor's right, title and interest in all system memberships and/or ownership certificates
in any non-municipal water and/or sewer systems serving said Property.
(DoD) RA0403308 - wdindv.tx- Rev. 05/08/2012 Page|
‘CO! Uy Mrs
ey
eo
a Ss
$$ ___——- —.
.
Mortgagee has, at the special instance and request of Grantee, paid to Grantor a portion of the purchase
price of the Property hereinabove described, as evidenced by the above described Note, and thus said Vendor's
Lien and Deed of Trust Lien against said Property securing the payment of said Note, are hereby assigned,
transferred and delivered to Mortgagee, Grantor hereby conveying to said Mortgagee the said Superior Title to said
property, subrogating said Mortgagee to all the rights and remedies of Grantor in the Property by virtue of said
liens.
TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and
appurtenances thereunto in anywise belonging to said Grantee, Grantee's heirs and assigns, forever, AND Grantor
does hereby bind Grantor, Grantor's successors and assigns, to WARRANT and FOREVER DEFEND all and
singular the said Property unto said Grantee, Grantee's heirs and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
This conveyance is made subject to all and singular the restrictions, easements, exceptions, conditions and
covenants, if any, applicable to and enforceable against the above-described Property as shown by the records of
said County, as well as ad valorem taxes for current and subsequent years.
But it is expressly agreed that the Vendor's Licn and Superior Title is retained in favor of the Payee ofsaid
Note against the above-described Property and improvements, until said Note and all interest thereon shall have
been fully paid according to the terms thereof, when this Deed shall become absolute.
When this Deed is executed by more than one person, or when the Grantee is more than one person, the
instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when
executed by or to a corporation, the words “heirs, executors and administrators” or “heirs and assigns" shall be
construed to mean "successors and assigns".
‘THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
(DoD) RA0403308 - wdindv.te - Rev. 05/08/2012 Page2
fe SORA
a 4
Qos
on nee nen emenne oe rt nen ee —_
—
.
df Neg: Kirk Simmons
STATE OF TEXAS,
a
2
day "uh,
INDIVIDUAL(S)
2O/3
ACKNOWLEDGEM.
County ss:
This inst lent was a ledged before me on. la » ade? by
tee snsomerinernin
a tain tades treme ening Notary Public
KIM GARE
Netty Pulsli atu of Toxas
My Commission Expires
Saptembor 26, 2016 Printed Name of Notary Public
(DoD) RA0403308 - wdindv.tx - Rev. 05/08/2012 Page3
COPY
TON, CERTIFIED A TRUE AND CORRECT CE
REC ORD ON FILE IN ‘MY OFFI
OF THE
JULI LUKE
zs N COUNTY CLERK
25/202| By: Doputy Clork
Date
_ a
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NO. 21-1634-211 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF PHILLIP L. HANCOCK § 211 JUDICIAL DISTRICT AND MARTHA DIX HANCOCK § DENTON COUNTY, TEXAS RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S FEES This Response to Motion to Equalize Attorney’s Fees and Motion for Interim Attorney’s Fees is brought by MARTHA DIX HANCOCK, Counterpetitioner, who moves to oppose the Motion to Equalize Attorney’s Fees and Motion for Interim Attorney’s Fees brought by Petitioner, The total estimated value of the marital estate is approximately $107,333.33. Counterpetitioner’s monthly net income is approximately $4,000 per month. Counterpetitioner’s bills per month are approximately $6,244.78 per month, including $1026.92 that go towards the Petitioner’s monthly expenses. Counterpetitioner pays $1026.92 towards Petitioner’s monthly expenses as follows: i Utilities, including but not limited to, gas and water: $279.92. iL Telephone, cable, and Wi-Fi: $290.00. iil Life insurance: $4.24 iv Medical Insurance: $281.24 Dental Insurance: $37.38 Vi Vision Insurance: $3.14 vii Dog Food: $100.00 viil Dog Insurance: $31.00 RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S FEES- Page | IMOMO HANCOCK; Cause No. 21-1634-211 Counterpetition’s bills exceed her monthly net income by approximately $2,244.78. Counterpetitioner cashed out her 401K that consists of $22,000 in a checking account out of fear of Petitioner. Petitioner was in control of the finances, and Counterpetitioner believed that this was the only way for her to escape Petitioner. Counterpetitioner had hip replacement surgeries on May 18, 2020 and June 29, 2020. During this time Counterpetitioner only took two weeks off in between each surgery and was back in person at work in August, when the doctor strongly recommended waiting until October due to her financial situation despite the severity of the procedures. Petitioner on February 03, 2021 had $59,971.00 deposited into his joint checking account prior to withdrawing the money. Petitioner received the $59,971.00 in exchange for a sale of land in Hillsboro that Petitioner originally inherited from his Father. According to the General Warranty Deed, attached hereto as Exhibit A, the marital estate owns two thirds of the home. The home is located at 622 Magnolia St., Denton, Texas 76201 and is a large 4-bedroom house. We estimate the house is worth approximately $250,000 and that the balance remaining on the mortgage is approximately $125,000.00 leaving the current net equity in the home approximately $125,000. Therefore, the amount of equity from the home for the marital estate is approximately $83,333.33. Counterpetition secured the services of James H. Horton Law Firm, P.C., a licensed attorney, to prepare and prosecute this suit. Counterpetitioner paid James H. Horton Law Firm, P.C., attorney of record, in the amount of $5,000.00 as a retainer amount. RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S FEES- Page 2 IMOMO HANCOCK; Cause No. 21-1634-211 Counterpetitioner prays that this Court deny the Motion to Equalize Fees and Motion for Interim Attorney’s Fees. oner prays for general Respectfully submitted, JAMES H. HORTON LAW FIRM, P.C. 1513 N. Locust St. DENTON, TX 76201 Tel: (940) 382-1561 Fax: (940) 488-2083 fo~ By: James H. Horton State Bar No. 10020500 jJames@jameshorton.attorney Attorney for Counterpetitioner Certificate of Service certify that true copy of this Response to Motion to Equalize Attorney’s Fees and Motion for Interim Attorney’s Fees was served in accordance with rule 21a of the Texas Rules of Civil Chrysandra S. Bowen by electronic filing manager. RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S FEES- Page 3 IMOMO HANCOCK; Cause No. 21-1634-211 James H. Horton Attorney for MARTHA DIX HANCOCK RESPONSE TO MOTION TO EQUALIZE ATTORNEY’S FEES AND MOTION FOR INTERIM ATTORNEY’S FEES- Page 4 IMOMO HANCOCK; Cause No. 21-1634-211 sce Denton County Cynthia Mitchell TAN AON County Clerk Denton, TX 76202 70-2013 00088154 Instrument Number: 2013-88154 As Recorded On: July 17, 2013 Warranty Deed Parties: SIMMONS KIRK Billable Pages: 4 To Number of Pages: 4 Comment: ( Parties listed above are for Clerks reference only) ** Examined and Charged as Follows: ** Warranty Deed 28.00 Total Recording: 28.00 seexeeeeee DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: : 2013-88154 Receipt Number: 1067006 TITLE RESOURCES Recorded Date/Time: : July 17, 2013 03:08:54P WILL CALL DENTON TX 76202 User/ Station : P Gaines - Cash Station 4 COURS) THE STATE OF TEXAS } oS) COUNTY OF DENTON } Thoroby certify that this Instrument was FILED In the File Number sequence on the datoltime printad heron, and was duly RECORDED In the Official Rocords of Donton County, Toxas. & Cathal Ps County Clerk 1846, Denton County, Texas Sb me a « x 1131497 Kut AFTER RECORDING MAIL TO: Herbert Hancock 1700 Manten Blvd Denton, TX 76208 Prepared By: Robertson Anschutz Vetters 10333 Richmond Avenue, Suite 550 Houston, TX 77042 GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § 88.2 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton § THAT Kirk Simmons, hereinafter called "Grantor", for and in consideration of the sum of Ten Dollars * ($10.00) and other good and valuable consideration to Grantor in hand paid by Herbert Hancock, a single man, hereinafter called "Grantee", whose mailing address is 1700 Manten Blvd, Denton, TX 76208, the receipt and sufficiency of which is hereby acknowledged, and the further consideration of the execution and delivery by said Grantee of one certain Promissory Note in the principal sum of One Hundred Forty-Nine Thousand Two Hundred Forty-Six Dollars ($149,246.00), of even date herewith, payable to the order of Sente Mortgage, Inc., hereinafter called "Mortgage", bearing interest at the rate therein provided; said Note containing attorney's fee clause and various acceleration of maturity clauses in case of default, and being sccured by Vendor's Lien and Superior Title retained herein in favor of said Mortgagee, and also being secured by Deed of Trust of even date herewith from Grantee to Ruth W. Garner, Trustee, Grantor has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto said Grantee, the following described Property located in Denton County, Texas, to-wit: ‘eing Lot 15, ofthe R.D. MARTIN ADDITION, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof, recorded in Volume 9, Page 23, Plat Records of Denton County, Texas *and Phillip Hancock and wife, Martha D. Hancock Together with Grantor's right, title and interest in all system memberships and/or ownership certificates in any non-municipal water and/or sewer systems serving said Property. (DoD) RA0403308 - wdindv.tx- Rev. 05/08/2012 Page| ‘CO! Uy Mrs ey eo a Ss $$ ___——- —. . Mortgagee has, at the special instance and request of Grantee, paid to Grantor a portion of the purchase price of the Property hereinabove described, as evidenced by the above described Note, and thus said Vendor's Lien and Deed of Trust Lien against said Property securing the payment of said Note, are hereby assigned, transferred and delivered to Mortgagee, Grantor hereby conveying to said Mortgagee the said Superior Title to said property, subrogating said Mortgagee to all the rights and remedies of Grantor in the Property by virtue of said liens. TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereunto in anywise belonging to said Grantee, Grantee's heirs and assigns, forever, AND Grantor does hereby bind Grantor, Grantor's successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said Property unto said Grantee, Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to all and singular the restrictions, easements, exceptions, conditions and covenants, if any, applicable to and enforceable against the above-described Property as shown by the records of said County, as well as ad valorem taxes for current and subsequent years. But it is expressly agreed that the Vendor's Licn and Superior Title is retained in favor of the Payee ofsaid Note against the above-described Property and improvements, until said Note and all interest thereon shall have been fully paid according to the terms thereof, when this Deed shall become absolute. When this Deed is executed by more than one person, or when the Grantee is more than one person, the instrument shall read as though pertinent verbs, nouns and pronouns were changed correspondingly, and when executed by or to a corporation, the words “heirs, executors and administrators” or “heirs and assigns" shall be construed to mean "successors and assigns". ‘THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK (DoD) RA0403308 - wdindv.te - Rev. 05/08/2012 Page2 fe SORA a 4 Qos on nee nen emenne oe rt nen ee —_ — . df Neg: Kirk Simmons STATE OF TEXAS, a 2 day "uh, INDIVIDUAL(S) 2O/3 ACKNOWLEDGEM. County ss: This inst lent was a ledged before me on. la » ade? by tee snsomerinernin a tain tades treme ening Notary Public KIM GARE Netty Pulsli atu of Toxas My Commission Expires Saptembor 26, 2016 Printed Name of Notary Public (DoD) RA0403308 - wdindv.tx - Rev. 05/08/2012 Page3 COPY TON, CERTIFIED A TRUE AND CORRECT CE REC ORD ON FILE IN ‘MY OFFI OF THE JULI LUKE zs N COUNTY CLERK 25/202| By: Doputy Clork Date _ a