Tedde R. Blunck v. Cathy A. Blunck

Opinion

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

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,

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.

- - - - - - - -- - 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

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

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

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

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 .

24 CAUSE NUMBER 03-13-0007 4-CV

FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS

TEDDER. BLUNCK, Appellant, v.

TRIAL COURT CAUSE N0. 11-1217

APPENDIX TO APPELLANT'S BRIEF

TEDDER. BLUNCK, PRO SE 502 QUITMAN STREET POBOX 1152 PITTSBURG, TEXAS 75686 TELEPHONE: (903) 855-8460 TELECOPIER: (903) 855-8465 EMAIL: tblunck@yahoo.com

- - - - - - - - -- -- - - - - - - 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 <~{Receiver's Fees and Expenses filed with the Court on 15

February 2013, the receiver is currently in possession of the following:

First National Rank, Tedde R. Blunck IRA xx111, $237,093.13

Pl1grJm Bank, TeddeR. Blunck IRA xxxx865, $]81,467.49

Capital One Bank, Tedde R. Blunck fRA xxxxxxx474, $229,772.65

On 20 February 2013, the Court rendered additional temporary orders expanding the

role of the Receiver and authorizing the Receiver to take control over additional property.

Specifically, the order provided that the Receiver was to take possession of the following:

a. All property real or personal which was under the direct or constructive control of Tedde R. Blunck as of 8 August 2012, the date the trial began in thi~ case, including, but not limited to rea I estate, bank account~, brokerage accounts, l rus L accounts, ret l remen t accounts, and retirement proc~eds.

Although the Receiver has not taken physical possession of any property, save and

except the IRA accounts identified above, technically any property falling within the

parameters of the Court's order of20 February 2013, would be in custodia legis and subject

In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page 3

Page 6 of 207 000006 to the Receiver's control and authority.

In response to the Receiver's report, the parties entered into an agreed order

authorizing the Receiver to retain the IRA accounts under his control at the banks where such

accounts were currently located.

On 26 June 2013, Tcdde R. Blunck filed for bankruptcy protection under Chapter 13

of the Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of

Texas Marshall Division. At that time, an automatic stay went into ctTect precluding any

further action which might materially effect property belonging to the bankruptcy estate. By

order dated 4 November 2013, a copy of which is attached hereto as Exhibit "A", and

incorporated herein by reference as if fully set forth at length, the Court granted Cathy A.

Blunck's request to modify the automatic stay to permit her to take all steps necessary, short

of contempt, to obtain possession of the property originally awarded to her under the parties'

final decree of divorce. These orders were rati lied in the Order Confirming Chapter 13 Plan

and Related Orders dated 27 December 2013, a copy of which is attached hereto as Exhibit

"B" and incorporated herein by reference as if fully set forth at length.

On 2 July 2014, the Court of Appeals lor the Third District ofTcxas issued an order

dismissing Teddc R. Blunck's appeal. On I I December 2014, the Court of Appeals for the

Third District of Texas issued its Mandate, confirming its dismissal of Tcddc R. Blunck's

appeal. A true and correct copy of the Mandate is attached as Exhibit "C" and is

incorporated herein by reference as if fully set forth at length.

In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page 4

Page 7 of 207 000007 Requested Relief

In light ofthe dismissal ofTedde R. Blunck's appeal, Cathy A. Blunck is requesting

that she he allowed to take possession of the property that was awarded to her in the Court's

original order and which is currently under the control of the Receiver.

Accordingly, Cathy A. Blunck requests that this Court authorize the Receiver to

release possession of all of the property under his control. Cathy A. Blunck additionally

requests that she he appointed as attorney-in-fact for Tcdde R. Blunck lor the purposes of

executing any documents necessary to transfer title to and/or control of any of the property

awarded to her under the final decree ol' divorce. In the alternative, Cathy A. Blunck would

request that the Court authorize the Receiver to operate as Mr. Blunck's attorney-in-fact to

efTcct the transfer of property into Ms. Blunck's name. Such orders should specifically

include a grant of authority to execute any and all documents necessary to transfer title to

Cathy A. Blunck of the IRA accounts in Ted de R. Blunck's name at First National Bank,

Pilgrim Bank, and Capital One Bank that arc under the control of the Receiver.

Cathy A. Blunck further requests that the Receiver be authorized to thereafter submit

a final report to the Court and that, upon acceptance of that report, the Receiver be

discharged and the receivership dissolved.

WHEREFORE ABOVE PREMISES CONSIDERED, Cathy A. I3lunck respectfully

requests that, upon consideration of the matters set forth herein, the Court grant her requested

relief and such other and further relief to which she may be justly entitled.

In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page 5

Page 8 of 207 000008 Respectfully submitted,

LAW OFFICE OF KARL E. HAYS, PLLC 2101 South IH35, Suite 210 Austin, Texas 78741 5 12-4 7 6-1 91 1 512-476-1904 facsimile

By:---7'.~L__v_y'?_/z_·--"---;--=d-=--------_ Karl E. Hays State Bar Number 09307050

John Barrett State Bar Number 01816300 BARRETT AND COBLE 7200 North MoPac Expressway, Suite 440 Austin, Texas 78731 512-482-8193 512-482-0525 facsimile A1TORNI ~YS FOR CATllY A. BLUNCK

The undersigned attorney certifies pursuant to Rule 21 of the Texas Rules of Civil Procedure, that a true and correct copy or the foregoing Motion to Release and Tramfer Property in Possession qf'Receiver and to Authorize Receiver to Suhmit Final Report has been served upon the below-named individual, in the manner noted below, as prescribed by Rule 21a of the Texas Rules ofCivil Procedure, on this the _ll~day of December 2014 .

.L~!~Ld:: -__ Karl E. Hays Via Facsimile Transmission TeddeR. Blunck 502 Quitman St. P.O. Box 1152 Pittsburg, Texas 75686 903-855-8456 facsimile

In the Matter of the Marriage of Blunck Motion to Release and Transfer Property Page 6

Page 9 of 207 000009 Case 13-20129 Doc 60 Filed 11/04/13 Entered 11/04/13 14:34:4tr.t ~Main Document Page 1 of 3 .C..VlJ 11/04/2013

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

INRE: § § TEDDE ROBIN BLUNCK § CASE NO. 13-20129 SSN: xxx-xx-3054 § CHAPTER 13 1347 CR 4510 § Pittsburg, TX 75686 § § DEBTOR §

ORDER MODIFYING TilE AUTOMATIC STAY

On October 23, 2013, the Court heard the Motion for Relief from Automatic Stay (the

"Motion") filed by Cathy A. nlunck (the "Movant") on September 5, 2013, in the above

referenced case. The Court finds that proper notice of the Motion and the hearing was given

pursuant to the Federal and Local Rules of Bankruptcy Procedure. Charles Lauffer appeared at

the hearing on behalf of the Movant, Cathy A. Blunck. Gordon Mosley appeared at the hearing

on behalf of the Debtor, TeddeR. Blunck. Upon due consideration of the evidence, including

factual stipulations on the record, and the arguments of counsel, the Court finds the Divorce

Decree issued on October 24,2012 and thereafter entered on November 1, 2012 (the "Divorce

Decree"), in that certain litigation styled In The Matter of the Marriage ofTedde R. Blunck and

Cathy A. Blunck, pending as Cause No. 11-1217 before the 22"d Judicial District Court in and for

Hays County, Texas (the "Hays County Action") is a final and enforceable judgment, having not

been properly superseded according to law. Accordingly, the Court finds that just cause exists

for the entry of the following order.

IT IS THEREFORE ORDERED that the Motion for Relief from Automatic Stay filed '

by Cathy A. Blunck on September 5, 2013 is GRANTED as set forth in this Order.

Page 10 of 207 000010 Case 13-20129 Doc 60 Filed 11/04/13 Entered 11/04/13 14:34:46 Desc Main Document Page 2 of 3

IT IS FURTHER ORDERED that the automatic stay is hereby MODIFIED so as to

allow all parties to take all appropriate actions to continue and to complete the prosecution of the

appellate action regarding the Divorce Decree, currently pending as Cause No. 03-13-00074-CV,

before the Third Court of Appeals of Texas in Austin, Texas, and styled TeddeR. Blunck,

Appellant v. Cathy A. Blunck, Appellee, together with any further appellate action as may be

necessary or advisable.

IT IS FURTHER ORDERED that, in light of the fact that the Debtor-Defendant, Tedde

R. Blunck, has failed to supersede the enforcement of the Divorce Decree issued by the 22"d

Judicial District Court in and for Hays County, Texas pending appeal, the automatic stay is

hereby further MODIFIED to allow the continued enforcement of the Divorce Decree according

to law, and Cathy Dlunck is hereby authorized to seek and to exercise any and all appropriate

remedies available under state law to enforce the terms of the Divorce Decree, including any

orders regarding the property awarded to her therein including but not limited to the following:

1. 100% of Tedde R. Blunck's retirement benefits in Parsons Brinckerhoff Group Inc. Retirement savings plan, c/o T. Rowe Price, arising out of Tedde R. Blunck's employment with Parsons Brinckerhoff Group Inc. as of 16 August 2002, together with any interest, dividends, gains, or losses on that amount arising since that date and more particularly defined in a Qualified Domestic Relations order signed by the 22"d Judicial District Court in and for Hays County, Texas. This includes the amounts now held in the following accounts:

a. First National Bank of Pittsburg, Texas, account no. xxxx111, IRA account in the name ofTedde Blunck;

b. Pilgrim Bank of Pittsburg, Texas, account no. xxxx865, IRA account in the name ofTedde R. Blunck, Leon Breeden, Receiver;

c. Capital One Bank, Pittsburg, Texas, account no. xxxxxxx474, IRA account in the name ofTedde R. Blunck;

d. 401kAccount held at T-Rowe Price in the amount of$40,120.25;

2 Page 11 of 207 000011 Case 13-20129 Doc 60 Filed 11/04/13 Entered 11/04/13 14:34:46 Desc Main Document Page 3 of 3

The Court acknowledges the foregoing property (a)-(d), awarded to the Movant in the Divorce Decree, is subject to the receivership imposed by the previous orders of the 22nd Judicial District Court of Hays County, Texas, for the purpose of protecting the existence and integrity of property awarded to the Movant in the Divorce Decree and the automatic stay is further MODIFIED to allow the court-appointed receiver to exercise all rights and to seek all remedies necessary to fulfill the obligations imposed upon him by the 22nd Judicial District Court of Hays County, Texas, with respect to the property affected by this order;

2. Parsons Brinckerhoff, Inc. Exec. De f. Corp. Plan I, $78, I 04.00;

3. Parson Brinckerhoff, Inc. Exc. Def. Comp Plan II, $120,816.00;

4. Wells Fargo Savings Account ending in xxx2983, $40,291.00

5. Undivided Y:z interest in all Timber and Minerals, Camp County, Texas 406.93 acres located at 1347 CR 4510;

6. The Duck Boat, Motor, and Trailer duck motor vehicle, vehicle identification number 1MDARER19RD678273, together with all prepaid insurance, keys, and title documents;

7. One (1) 2007 Ford Expedition motor vehicle, vehicle identification number I FMFK 19567LA95287;

8. Four hunting trophies (Impala, Gemsbock, Blesbok, and Bushbuck) and one zebra skin.

IT IS FURTHER ORDERED that the remedies for which the stay is lifted do not

include the enforcement by contempt without further order ofthis court.

All other relief sought by the Motion is DENIED without prejudice.

Signed on ll/04/2013

THE HONORABLE BILL PARKER UNITED STATES BANKRUPTCY JUDGE

3 Page 12 of 207 000012 Case 13-20129 Doc 80 Filed 12/27/13 Entered 12/27/13 11:18:2EO!) Main UNITEBqrp~ sA~t<~u~-ffif couRT 12/27/2013 EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN RE: ) CASE NO: 13-20129 Tedde Robin Blunck ) Chapter 13 ) SSN(s): xxx-xx-3054 ) 1347 CR4510 ) Pittsburg, TX 75686 ) ) ) ) Debtor(s)

ORDER CONFIRMING CHAPTER 13 PLAN AND RELATED ORDERS After notice and hearing, wherein the Court considered the matters on file herein, including the Trustee's Report of Creditors Meeting held pursuant to Section 341 of the Bankruptcy Code, and all objections to confirmation of the Plan, The Court finds:

1. Written notice of the Meeting of Creditors held pursuant to 11 U.S.C. § 341 and of this hearing on the confirmation of the Plan was given as required by Rule 2002; and

2. All scheduled creditors have been served with a copy of the Debtor's Plan or summary thereof in accordance with Rule 3015; and

3. The Plan as presented for confirmation (hereinafter referred to as "the Plan") complies with the provisions of Chapter 13 of Title 11 of the United States Code and the other applicable provisions of said Title; and

4. With respect to each allowed secured claim provided for by the Plan, the holder of such claim either accepted or was deemed to have accepted the Plan, or, in the alternative

a. The Plan provides that the holder of such claim retain the lien securing such claim; and

b. The value, as of the effective date of the Plan, of property to be distributed under the Plan on account of such claim is not less than the allowed amount of such claims; or

c. The Debtor has surrendered or abandoned the collateral securing such claim; or

d. The treatment of the claim complies with 11 U.S.C. § 1322(b)

IT IS THEREFORE ORDERED THAT: 1. The Debtor's Plan dated 11/13/2013 as filed or as amended is CONFIRMED subject to the allowance of claims herein and the Trustee's Recommendation Concerning Claims which shall be filed within 30 days of the latter of entry of this Order or the deadline for all creditors (including a government unit) to file a claim. With respect to all claims allowed or not yet allowed at the time of execution of this Order, said claims are subject to the Trustee's Recommendation Concerning Claims as follows:

I. (a). The Trustee, the Debtor, and the Debtor's attorney shall examine proofs of claim or summaries thereof and shall object to the allowance of improper claims as provided by Rule 3007.

(b). The Trustee shall file and serve all parties in interest with the Trustee's Recommendation Concerning Claims within thirty (30) days of the latter of entry of this Order or the claim filing deadline for all creditors (including a government unit). Such Trustee's Recommendation Concerning Claims shall include the Trustee's objections to claims, if any, recommendations as to the extent and validity of each creditor's security interest, if any, and recommendations as to the value of any collateral not previously valued by the Court. The Trustee's Recommendation Concerning Claims shall be deemed to be an objection to claims, a motion to value any such collateral, and an action to determine the validity of each creditor's security interest or an action to avoid any such security interest as set forth therein.

(c). Unless an objection or response is timely filed as to the treatment of any claim, the claim will be allowed only in the manner and amount listed in the Trustee's Recommendation Concerning Claims, and such treatment will be final and binding on all parties without further order of the Court.

Page 13 of 207 000013 TXEB Local Fonn 3015-b [Revised January 18, 2006] Page 1 Case 13-20129 Doc80 Filed 12/27/13 Entered 12/27/13 11:18:22 Desc Main Document Page 2 of 6 Case No: 13-20129 Debtor(s): Tedde Robin Blunck

II. (a). The Chapter 13 Trustee shall review all claims and the feasibility of the Plan prior to filing the Trustee's Recommendation Concerning Claims. If at that time the Plan is no longer feasible, the Trustee shall notify the Debtor and his attorney, in writing, of the infeasibility of the Plan. If forty-five (45) days after the service of the Trustee's Recommendation Concerning Claims the Plan remains infeasible, the Trustee shall file a Motion to Modify the Plan and/or a Motion to Dismiss the case.

(b). Further, if at any time during the term of the Chapter 13 case, a claim is allowed which makes the Plan infeasible, the Chapter 13 Trustee shall notify the Debtor and his attorney, in writing, of the infeasibility of the Plan. If the Plan remains infeasible for forty-five (45) days after such notice, the Trustee shall file a Motion to Modify the Plan and/or an alternative Motion to Dismiss the case.

Ill. At the time of the issuance of an Order Confirming a Plan in this case, the time for filing claims in this case may not have expired. Consequently, the Court specifically reserves the right in the future to:

(a). Alter or sustain an objection to the secured status of a claim filed as secured either before or after the entry of this Order Confirming Plan, and value the collateral securing any such claim to the extent not previously valued herein or otherwise by the Court;

(b). Enter a Final Order after notice and hearing on any responses or objections to the Trustee's Recommendation Concerning Claims, and on any additional objection(s) to claims timely filed by a party in interest;

(c). At any time during the pendency of this case, entertain a motion to alter or sustain an objection to the secured status of a claim filed as secured after the bar date for filing claims has expired, or to value the collateral securing any such claim to the extent not previously valued by the Court.

(d). Reduce, if necessary to ensure compliance with LBR 2016(h), the amount of attorney fees to the debtor's attorney due to the absence of a certification from debtors attorney regarding legal services provided pertaining to automatic stay litigation occurring in the case.

N.AII creditors having allowed secured claims (whether filed before or after an Order Confirming Plan is entered) shall be treated in accordance with section 1325(a) (5), except as otherwise specifically set forth herein. The collateral securing creditor's claims provided for under the Debtor's Plan is hereby valued by the Court at the values set forth below.

(a). When the value of the collateral securing a timely filed proof of claim of any taxing authority differs from the value shown on the Debtor's Plan, the Trustee will use the value shown on the creditor's proof of claim. All parties will be noticed of this valuation through the Trustee's Recommendation Concerning Claims and disputed valuations may be resolved by the Court, by agreement or objection.

(c). In those instances, if any, where an objection was filed to the treatment of a creditors claim, including the valuation of collateral as provided in the Debtor's Plan, the Court through this order hereby determines the treatment shall be as set forth in exhibit 'A' attached, if any.

(d). In the event a creditor timely files a proof of claim which evidences a perfected security interest in collateral which was not specified by the Plan and not previously valued by the Court, such collateral will be valued by the Court at the value set forth in the Trustee's Recommendation Concerning Claims to be filed herein, unless a response to such Trustee's Recommendation Concerning Claims is timely filed. Such Trustee's Recommendation Concerning Claims is to be filed and served within thirty (30) days of the latter of entry of this Order or the deadline for filing proofs of claims herein (including a government unit). Responses to such Trustee's Recommendation Concerning Claims must be f1led within the time and in the manner provided in such Trustee's Recommendation Concerning Claims.

Page 14 of 207 000014 TXEB Local Form 3015-b [Revised January 18, 2006] Page 2 Case 13-20129 Doc 80 Filed 12/27/13 Entered 12/27/13 11:18:22 Desc Main Case No: 13-20129 Document Page 3 of 6 Debtor(s): Tedde Robin Blunck

(e)o The valuation of collateral by the Court as set forth above shall not relieve a secured creditor from the duty to file a proof of claim in order to be paid under the Plano Further, such valuation shall not preclude any party from objecting to the amount claimed by any such creditor, or from bringing an action to determine the extent of validity of such creditor's security interest or to avoid any such security interest.

20 The Debtor(s) shall pay the sum of $1,350.00 per month for 60 payments together with any income Tax refunds that the debtor receives during the life of the plan for a total of _ _c:$_::8_:_!1,~0;:_00::.:·;:_00=--- to: •If variable payments are indicated, see Exhibit ·a·- Variable Plan Payments for the monthly amountso John Talton P.O. Box 734 Tyler, Texas 75710-0734

Beginning 7/25/2013 and continuing until all of the allowed claims provided for under the Plan have been paid in accordance with the terms of the Plan, of this Order, or as set forth in the Trustee's Recommendation Concerning Claimso

30 The Trustee shall make disbursements pursuant to the provisions of the Plan, this Order, or as set forth in the Trustee's Recommendation Concerning Claims, Section 1326 of the Bankruptcy Code and shall pay only such claims which have been allowed by the Court The Trustee shall make such disbursements monthly, unless otherwise provided for by the Plan, but shall not be required to pay any dividend in an amount less than $15000 and dividends not distributed because of this provision shall accumulate and be paid when such accumulation aggregates $15000 or moreo

40 The Debtor(s) shall not incur additional debt during the term of this Plan except upon written approval of the Court or the Standing Chapter 13 Trusteeo Failure to obtain such approval may cause the claim for such debt to be unallowable and non- dischargeableo

0 Check this box if Additional Provisions are attached

Signed on 12127/2013

APPROVED AS TO FORM AND SUBSTANCE

/s/ GORDON MOSLEY lsi John Talton GORDON MOSLEY, Attorney for Debtor John Talton, Chapter 13 Trustee

12/27/2013 12/27/2013 Date Date

Page 15 of 207 000015 TXEB local Form 3015-b [Revised January 18, 2006] Page 3 Case 13-20129 Doc 80 Filed 12/27/13 Entered 12/27/13 11:18:22 Desc Main Case No: 13-20129 Document Page 4 of 6 Debtor(s): Tedde Robin Blunck

Additional Provisions of the Plan Replacement Value Not Set at Confirmation Notwithstanding any provision herein to the contrary, the value(s) of the collateral securing the claims, if any, as set forth in paragraph 6(A)(ii)(b) of this Chapter 13 Plan are not determined upon the entry of this Confirmation Order, unless an agreement regarding such value is attached to this Order. In the absence of any such attachement, such value shall be established pursuant to each creditor's secured proof of claim pertaining to any such collateral, subject to subsequent modification be the entry of an order resolving any objection to such secured proof of claim or resolving a party's seperate motion to value the particular collateral pursuant to 11 USC 506 and Bankruptcy Rule 3012

Trustee's Recommendation Concerning Claims Notwithstanding any provision herein to the contrary, the deadline for the Trustee to file the Trustee's Recommendation Concerning Claims, as well as the deadline for filing objections to the Trustee's Recommendation Concerning claims and objections to claims shall be governed by Local Bankruptcy Rule 3015(g).

Tax Returns and Refunds All future refunds which the Debtor(s) receive during the term of the plan, starting with the tax refund, if any, to be received in the tax year 2012, shall be turned over to the Chapter 13 Trustee within ten (10) days of receipt of such, to the extent said refunds exceed $32,111.04 and shall be added to the plan base. Whether or not a tax refund is due, Debtor(s) shall provide a copy of their tax return to the Trustee within ten (1 0) days of filing such during the term of the Plan.

Unsecured Claims to be paid with interest Notwithstanding any other provision herein, all timely filed and allowed unsecured claims shall be paid in full with interest at the rate of 6.00 % APR.

Among the unsecured claims that the plan shall provide for is an unsecured claim filed on behalf of ''The Hartford" (claim no. 11 ), currently filed in the amount of $15,797.50.

Debtor reserves his right, consistent with the Bankruptcy Code and Bankruptcy Rules, to file an objection to any proof of claim that may be filed in this case.

/s/ Herbert J. Gilles Herbert J. Gilles counsel for "The Hartford"

Claim(s) of Cathy Blunck The plan shall provide for the claims of Cathy Blunck as described on the attached sheet.

Page 16 of 207 000016 TXEB Local Form 3015-b [Revised January 18, 2006] Page 4 Case 13-20129 Doc80 Filed 12/27/13 Entered 12/27/13 11:18:22 Desc Main Document Page 5 of 6

CLAIM(S) OF CATHY BLUNCK The Debtor's Plan shall provide for the direct payment of the claim(s) of Cathy Blunck ("Ms. Blunck"), currently evidenced by the proof of claims # 9 and # 10 on the Bankruptcy Court's Claim Register. Said claims were filed by Ms. Blunck as fully secured, and evidenced by an Abstract of Judgment filed on April 15, 2013, with the County Clerk of Camp County, Texas. The automatic stay is hereby lifted with regard to Ms. Blunck's claims, and shall no longer prevent any collection efforts, of Ms. Blunck as it may relate to claims 9 & 10, or other pending property settlements with the Debtor. The extent to which Ms. Blunck may pursue her remedies to satisfy her allowed bankruptcy claims against the debtor, or any additional provision of the Divorce Decree and other pending orders now under appeal, shall be subject to the supervision and jurisdiction of the 22nd Judicial District Court in and for Hays County, Texas. The remedies for which the automatic stay is lifted do not include the enforcement by contempt. That limitation shall not prevent Ms. Blunck, through her counsel, or other parties in interest, from seeking additional modification of the stay from the Bankruptcy Court should the need arise to enforce the provisions of the Debtor's Confirmation Order or other Orders issued by the 22nd Judicial District Court of Hays County, Texas.

Is/ Gordon Mosley Gordon Mosley SBN: 00791311 Counsel for the Debtor

Is/ Lloyd Kraus Lloyd Kraus For the Chapter 13 Trustee

Page 17 of 207 000017 Case 13-20129 Doc 80 Filed 12/27/13 Entered 12/27/13 11:18:22 Desc Main Document Page 6 of 6

WILCOX lAW, P.L.L.C. P.O. Box 11509 Fort Worth, Texas 76110-0509

206 E. glh Street, Suite 201 STEPHEN G. WILCOX Fort Worth, Texas 76102

817-870-1181 (fax) 817-870-1694 (direct) swilcox@wilcoxlaw.net

December 17, 2013

VIA EMAIIJFACSIMILE Gordon Mosley 4411 Old Bullard Rd., No. 700 Tyler, TX 75703

RE: TEDDE BLUNCK; CASE NO. 13-20129-BP-13

Dear Mr. Mosley:

Our client, Ford Motor Credit Company LLC ("Creditor"), has filed its Objection to Confirmation in this matter. In order to resolve our objections, I propose the following agreement:

The parties agree that Creditor's claims secured by a 2008 Ford F 150, vehicle identification number 1FTPW14V88FB48320, and a 2012 Ford Escape, vehicle identification number 1FMCUOEG7CKA65259, will be paid directly by Debtor to Creditor according to all ofthe terms and provisions of the contracts regarding the vehicles. The parties agree that, in the event the last payments due on these secured claims are due after the date on which the final payments under the plan are due, these secured claims are subject to 11 U.S.C. § 1322(b)(5) and discharge of these secured claims is subject to the provisions of 11 U.S.C. §1328 (a) and (c). Creditor shall retain its lien on the vehicles described herein until it is paid in full pursuant to the terms of the contracts with the Debtor.

If this is agreement is acceptable, please sign below and return this letter to me as quickly as possible. Additionally, please present the signed letter agreement to the Chapter 13 Trustee to attach to the Confirmation Order. Thank you very much.

Sincerely yours,

Stepfien Wi/Co;t

Stephen G. Wilcox

Page 18 of 207 000018 FILE COPY

MANDATE THE STATE OF TEXAS

TO THE 22ND DISTRICT COURT OF HAYS COUNTY, GREETINGS:

Before our Court of Appeals for the Third District of Texas on July 2, 2014, the cause on ~peal to revise or reverse your judgment between

TeddeR. Blunck

No. 03-13-00074-CV v.

Cathy A. Blunck

Was daermi ned, and therein our Court of Appeals ma:le its order in these words

This is an appeal from the judgment signed by the trial court on October 24,2012. Having reviewed the record, the Court ~re:s that the appeal should be dismissed. Therefore, the Court dismisses the appeal as moot. The appellant shall pay all costs rei ati ng to this appeal, both in this Court and the court bel ow.

Wherefore, we command you to obs::rve the order of our Court of Appeals in this behalf and in all things have the order duly re:ognized, obeyed, and executed.

Witness the Honorable J. Woodfin J:mes, Chief Justice of the Court of Appeals for the Third District of Texas, with the SEBI of the Court affixed in the City of Austin on Thun:day, December 11,2014.

By: Amy Strother, Deputy Clerk

Page 19 of 207 000019 FILE COPY

BILL OF COSTS

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

No. 03-13-00074-CV

V.

Cathy A. Blunck (No 11-12171N 22ND DISTRICT COURT OF HAYS COUNTY) Type of Fee Charges Paid By FILING $15.00 E-PAID TEDDER BLUNCK FILING $15.00 E-PAID TEDDER BLUNCK FILING $10.00 E-PAID TEDDER BLUNCK FILING $10.00 E-PAID TRACY TODD FILING $10.00 E-PAID TEDDER BLUNCK FILING $10.00 E-PAID TRACY TODD REQUIRED TEXAS.GOV EFILING FEE $5.00 E-PAID KARLE HAYS FILING $10.00 E-PAID KARLE HAYS REQUIRED TEXAS.GOV EFILING FEE $5.00 E-PAID KARLE HAYS REQUIRED TEXAS.GOV EFILING FEE $5.00 E-PAID TEDDER BLUNCK REQUIRED TEXAS.GOV EFILING FEE $5.00 E-PAID TEDDER BLUNCK FILING $10.00 E-PAID TEDDER BLUNCK REQUIRED TEXAS.GOV EFILING FEE $5.00 E-PAID TEDDER BLUNCK FILING $10.00 E-PAID TEDDER BLUNCK SUPPLEMENTAL CLERK'S RECORD $0.00 UNKNOWN SUPPLEMENTAL CLERK'S RECORD $72.00 UNKNOWN CLERK'S RECORD $300.00 UNKNOWN FILING $100.00 PAID TEDDER. BLUNCK SUPREME COURT CHAPTER 51 FEE $50.00 PAID TEDDER. BLUNCK INDIGENT $25.00 PAID TEDDER. BLUNCK

- - - · - - - ---~~ ----=---=-c=- -------~--~

=--- - -- ~-~-=--- -- Court costs i~-!~i s cause shall be paid as per the Judg111ent issuEd by this

I, JEFFREY D. KYLE, CLERK OF THE THIRD COURT OF APPEALS OF THE STATE OF TEXAS, do hereby CErtify that the above and foregoing is a true and correct copy of the cost bill of THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS, showing the charges and payments, in the above numberEd and sty I Ed cause, as the sane ~pears of re::ord in this office.

IN TEST! MONY WHEREOF, witness my hand andtheSeal oftheCOURT OF APPEALSforthe Third District of Texas on Decembe" 11,2014.

Page 20 of 207 000020 FILED 12/15/2014 12:00:00 AM 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 § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

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

This Objection to Respondent’s Motion to Set Hearing on Motion to Release and Transfer

Property in Possession of Receiver and to Authorize Receiver to Submit Final Report is brought by

Tedde R. Blunck, Petitioner. In support, Tedde R. Blunck shows:

1. Local Rules of Practice for the 22nd District Court, Part One: Civil Rules, Section

One – Settings, Rule 1. WRITTEN REQUEST states: “All cases, contested or

uncontested, MUST be set by way of WRITTEN MOTION WITH ORDER

ATTACHED. Forms will be provided, if necessary. Attorneys requesting

settings will notify opposing counsel of such motion by certified mail or hand

delivery at least ten (10) days before the date of such setting. In addition, said

Request shall include an estimated length of hearing.

“If for good cause opposing counsel cannot go to trial on such date, he shall

immediately notify the Court Administrator or Court Coordinator in writing stating

such reasons.

“If opposing counsel has not advised the Office of Court Administration within five

(5) days of such notice, the Court shall proceed to set such case for hearing.”

2. Petitioner received Respondent’s notice of Motion to Set Hearing on Motion to

OBJECTION TO RESPONDENT’S MOTION TO SET HEARING ON MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT Page 1 of 3

Page 21 of 207 000021 Release and Transfer Property in Possession of Receiver and to Authorize Receiver

to Submit Final Report on December 12, 2014 via e-mail requesting the hearing be

set for December 18, 2014 at 9:00 a.m.

3. This Objection is filed within the required five (5) days of receipt of Notice.

4. Notice has not been delivered via certified mail or hand delivery as required by

Rule 1.

5. Notice period provided 6 days and not 10 days as required by Rule 1.

6. The Notice and Motion fail to state an estimated length of hearing.

7. The Notice and Motion wholly fail to comply with the Local Rule 1 set out in

Paragraph 1 above.

8. Texas Rules of Civil Procedure, Rule 21a, states in pertinent part: “Every notice

required by these rules, and every pleading, plea, motion, or other form of request

required to be served by Rule 21, other than the citation to be served upon the filing

of a cause of action and except as otherwise expressly provide in these rules, may

be served by delivering a copy to the party to be served, or the party’s duly

authorized agent or attorney of record, as the case may be, either in person or by

agent or by courier receipted delivery or by certified mail or registered mail, to the

party’s last known address, or by telephonic document transfer to the recipient’s

current Telecopier number, or by such other manner as the court in its discretion

may direct.”

9. Service was not provided in accordance with the requirements of the foregoing

Rule 21a.

10. Petitioner has not had adequate time to prepare for the hearing.

OBJECTION TO RESPONDENT’S MOTION TO SET HEARING ON MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT Page 2 of 3

Page 22 of 207 000022 Tedde R. Blunck prays that the Court sustain his objection to Respondent’s Motion to Set

Hearing on Motion to Release and Transfer Property in Possession of Receiver and to Authorize

Receiver to Submit Final Report and deny Respondent’s Motion and require Respondent to

comply with Local Rule 1 stated in Paragraph No. 1 above and Rule 21a of the Texas Rules of

Civil Procedure.

Respectfully submitted,

TEDDE R. BLUNCK, PETITIONER 502 Quitman Street PO Box 1152 Pittsburg, Texas 75686 Tel: (903) 855-8460 Fax: (903) 855-8465

By: Tedde R. Blunck, Pro Se

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 December 14, 2014.

Tedde R. Blunck, Pro Se

OBJECTION TO RESPONDENT’S MOTION TO SET HEARING ON MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT Page 3 of 3

Page 23 of 207 000023 CAUSE NUMBER 11-1217

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER. BLUNCK § 22N° JUDICIAL DISTRICT AND § CATHY A.BLUNCK § HAYS COUNTY, TEXAS

ORDER GRANTING MOTION TO RELEASE AND TRANSFER PROPERTY IN POSSESSION OF RECEIVER AND TO AUTHORIZE RECEIVER TO SUBMIT FINAL REPORT

On the date subscribed below, the Court considered Cathy A. Blunck's Motion to Release and

Transfer Property in Possession of Receiver and to Authorize Receiver to Submit Final Report.

Appearances

Movant, Cathy A. Blunck, who is the Respondent in these proceedings, appeared in person

and by and through her attorney of record, Karl E. Hays.

Respondent, Tedde R. Blunck, who is the Respondent to the pending motion and the

Petitioner in these proceedings, appeared in person pro se.

Leon Breeden, court-appointed Receiver in this cause, appeared in person.

After nothing the appearance of the parties, counsel and the Receiver, the Court then took

up and considered the merits of Cathy A. Blunck's request.

Findings and Orders

Upon taking judicial notice of the file, and upon hearing the evidence and argument of

counsel, as well as noting the position of the Receiver in this matter, the Court is of the opinion and

does so find that the relief requested by Cathy A. Blunck should be granted.

Page 24 of 207 000024 Accordingly, it is ORDERED that the Receiver shall release and transfer to Cathy A. Blunck

possession and control of the following accounts currently in the possession and control of the

Receiver:

a. First National Bank, TeddeR. Blunck IRA xx111, approximate current balance of $240,431.79.

b. Pilgrim Bank, Tedde R. Blunck IRA xxxx865, approximate current balance of $186,304.00.

c. Capital One Bank, TeddeR. Blunck IRA xxxxxxx474, approximate current balance of$229,945.87.

It is further ORDERED that the Receiver is appointed as TeddeR. Blunck's attorney-in-fact

for the purpose of executing any and all documents necessary to transfer title to the above-referenced

accounts to Cathy A. Blunck. It is ORDERED that the Receiver is specifically authorized to execute

any and all documents necessary to transfer title to Cathy A. Blunck of the above-referenced IRA

accounts in TeddeR. Blunck's name at First National Bank, Pilgrim Bank and Capital One Bank and

it is further ORDERED that said accounts shall be transferred to Cathy A. Blunck instanter.

It is further ORDERED that, upon transfer of possession and control of all property under

the current control of the Receiver, the Receiver shall be authorized to submit a final report to the

Court, together with a request for an approval of such report, and dissolution of the Receivership.

SIGNED this _L_B_ day of December 2014.

BILLHENRY JUDGE PRESIDING l

Page 25 of 207 000025 FILED 1/14/2015 12:40:25 PM Beverly Crumley District Clerk Hays County, Texas

NO. 11-1217

JN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER BLUNCK § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § IIAYS COUNTY, TEXAS

MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, AND TO DISCHARGE RECEIVER

TO fHE HO~ORABLE JUDGe BILL HENRY:

FINAL REPORT OF ACTIVITIES

This report covers my activites as receiver in this case from and after the hearing held on

March 5, 2014, after which the Court entered its "Order on Motion to Release Property in

Possession of Receiver and for Clerk to Rcleruie Cash I3ond to Receiver.. which was signed on

Mat'Ch 18, 2014. At that time the Court denied the motion of Cathy A. Bl unck to release

property in possession of receiver but did approve additional fees incutTed by the Receiver and

for payment of the cash bond on file with the clerk of court for partial payment of my fees.

I. 1 did receive payment of $7.000.00 for the cash bond from the district derk's office as

part1al payment of my total approved fees in that order of $16.037.51. leaving a balance of

approved fees in the amount of $9.037.50.

2. Since the bearing in March, 2014. [only received sporadic emails from Ms. Blunck's

anorney regarding the status of the appeal in this case. along with a request to sign an affidavit to

be filed in the appeal. which r did sign and return to Mr. Hays. ro fees are requested for these

matters.

l

Page 26 of 207 000026 3. On December ll. 2014. Mr. Hays called me and advjsed that he had received the

mandate from the Court of Appeals fmalizing the djsmissal of Mr. Blunck's appeal and that he

planned to file a motion requesting that [ be discharged as receiver and lhat the 3 IRA accounts in

the banks in Pittsburg, Texas be transferred to Cathy Blunck. I advised Mr. Hays that based on

my knowledge of how banks operate that I felt strongly that no matter how his motion and order

were actually worded that the banks would require some kind of signature from both Ms. Blunck

and me in order to process transferring the accOLmts to her name and that it would be best, in my

opinion, for the court to order me to transfer the accounts to Ms. Blw1ck rather than having me

discharged and the order directing the non-party banks to transfer the accounts to Ms. Blunck.

Mr. Hays agreed with my position on how the order should be worded and advised that he would

file the motion the next day and request a hearing t.he following week.

4. On December 12. 2014. I received and reviewed the Motion to Release and

fransfer Property in Possession of Receiver and to Authorize Receiver to Submit Final Report. I

then sent an email lo each of lhe 3 banks advising them that a hearing was scheduled for the

following week and that I anticipated that the Court would be ordering the accounts 10 be

transferred to Ms. Blunck.

5. On December 18, 2014, I appeared at the hearing on Cathy Blunck's Motion to

Release and Transfer Property in Possession of Receiver and to Authorize Receiver to Submit

Final Report. After hearing, the Court signed an order granting that motion and directing me to

transfer the 3 IRA accounts in various banks in Pittsburg. Texas to Ms. Blunck. I had previOusly

advised Mr. Hays, and advised the Court at the hearing. that I was available to go with Ms.

Blunck to Pittsburg. Texas the next day. Friday. December I 9. to try to get all of the accounts

Page 27 of 207 000027 transfen·ed to Ms. Blunck as quickly as possible.

At the conclusion of the hearing 1 contacted tbe disttict clerk in Pittsburg to inquire about

a suit which Mr. Blw1ck advised during the hearing that he had flied in District Court in Camp

County and in which he anticipated seeking a temporary restraining against me transferring the

accounts to Ms. Blunck. The clerk sent me a copy of the petition which had been filed on

December 17 in Cause No. CV -14-2462 styled ''Paulette M . Blunck, as Trustee of the Tedde R.

Blunck Living Trust v. Cathy A. Blunck." The original petition is styled ''PlaintifPs Original

Petition for Breach of Contract." The petition was signed by Tedde R. Blunck as attorney for

Paulette M. Blunck. as Trustee of the TeddeR. Blunck Living Trust." There was no allegation in

the petition relating to the receivership in this case nor is there a request for issuance of a

temporary restraining order, temporary injunction or permanent injunction. After consultation

with Ms. Blunck and Mr. Hays it was decided that Ms. Blunck and I would still go to Pittsburg

the next day and that in the event any type of injunction was issued and served on me or Ms.

Blunck that I would try to deal with the situation in person. 1 then advised the Court of the

situation and that in the event anything was served upon me the next day I might need to contact

the Court.

6. On December 19.2014, I left my house promptly at 4:00a.m. to begin the drive to

Pittsburg. Texas. Ms. Blunck had agreed to meet me at a shopping center right on 1-35 in Desoto.

Texas, so I could pick her up there and we could drive from there to Pittsburg with minimal

delay. I anticipated being able to make good time through use of state highway 130 to

Georgetown, Texas, and U1ereafter because of the early hour. Unfortunately T encountered heavy

rainstorms from just north of Georgetown to just nmth of Waco, with speeds reduced to a

Page 28 of 207 000028 maximum of 60 mph and often Jess than that for long stretches. I arrived in DeSoto right at 8 am

and picked up Ms. Blunck and we arrived in Pittsburg at approximately 10:15.

We went first to Pilgrim Bank. TI1e lady we were directed to was not anyone I had dealt

with before but she seemed to know about the situation and went to work immediately. She

called the bank's lRA department and the legal department and then advised us that everything

was good and she would have the paperwork done shortly. Based on her questions and statements

while preparing the paperwork it became apparent to me that the transactions the bank had in

mind were not what should happen. The bank intended to issue me a cashier's check for the

amount of the account, then have me deposit the check into an account in Ms. Blunck's name.

Tlus was not appropriate for several reasons, one being that I as receiver had no ownership

interest in the accOLmt and should not receive any proceeds from the account, and another being

that such a transaction would presumably destroy the status of the IRA accow1ts under federal

Jaw and incur taxes that should not be incurred. After lengthy discussions with the bank

representative, the IRA department and the legal department, I finally got across that the

transaction should be handled as if lhere were no receiver and the bank should simply close out

the account in Mr. Blunck's name and transfer lhe funds to an IRA account in Ms. Blunk's name.

We finished at Pilgrim Bank at approximately 2:15 p.m. and went across the street to

Capital One Bank. The lady 1 had dealt with previously there was not in and the employee

dealing with IRA accounts that day was from another branch but after conferring with the woman

1 had dealt with previously, and senior bank official on hand, and conferences with IRA and legal

department, they agreed to handle the transaction the same way Pilgrim's Bank had. 1l1ey had a

lot of paperwork to get approved so while they worked on that we went to Fi1·st National Bank of

Page 29 of 207 000029 Pittsburg. The bank president I had dealt with before was present and after quick conferences

with his departments, we got the paperworJ... started there. We then went back to Capital One and

finjshed up and then back to First National to do the same. We walked out of First National Bank

right at 5:30 p.m. Had we not gone on a Friday \\ben bank hours are extended untiJ 6:00p.m.

there is no way we could have finished all 3 accounts.

When we left First National Bank of Pittsburg. the 3 IRA accounts had been transferred

to Ms. Blunck in an aggregate amount of approximately $656,616.01 .

We then went to dinner. not having had a meal all day. We left Pittsburg at approximately

6:30 p.m. Ms. Blunck drove back to DeSoto so I could get some sleep before my drive back

home. We arrived in DeSoto at approximately 8:20. r then drove back to San Marcos and arrived

home at 12:30 a.m. Total distance traveled was 765 miles.

8. Ms. Blunck subsequently sent me a cashier's check in the amount of$9,037.50 for

payment of the remainder of my fees which had preYiously been approved by the Court.

9. The order of March 18. 2014 contained a provision entitled ''Clarification

Regarding Accounts Under Control of Receiver··. page 3. last paragraph of the Order. In that

provision. it was stated that the 4' 11 account under my receivershlp was the Parsons Brinckerhoff

Group, Inc., 40 I (k) Retirement Savings account. I have not actually done anything in regard to

that account because Mr. B!Lmck told me at the March hearing that the money (approximately

$42.000.00) was still in that accowlt and that he bad no intention of claiming any of that money 1

also advised Mr. Hays that T wus skeptical that I could do anything in regard to a 401 (k) account

because of the federal ERISA statute, which grants broad authority and immunities to plan

administrators and that given the amount of money involved in that account versus the IRA

Page 30 of 207 000030 accounts that my time would be better spent in dealing with the LRA accounts. ln my humble

opinion the 401 (k) account should be governed by a QDRO rather than a receiver.

REQUEST FOR PAY1\1ENT OF FEES AND EXPENSES

The Court has previously approved my hourly rate of $300.00 per hour. Time spent on

this matter is detailed below.

1. December 11, 2014 -telephone conference with Mr. I lays .5

2. December 12. 2014- review of motion and emails to 3 banks .5

3. December 18.2014- attending hearing and research on case in Pittsburg 2.5

4. December 19.2014- total travel and meal time 13 .25

5. December 19, 2014- time spent at banks getting accounts transferred 7.25

6. January 7, 2015 - review of file and preparation of tllis report 2.0

Total time through preparation of this repon 18.75

Fees requested

3.5 hours @ $300.00 per hour for December I 1 - December 1~ $1,050.00

13.25 hours for travel on Decemb~.:r 191? $300.00 per hour $3,975.00

7.25 hours for time spent at banks on December 19 @ $300.00 per hour $2.175.00

2 hours for time spent preparing this report on January 7 @J $300.00 per hour $ 600.00

Total fees requested if no hearing on thi s motion $7,800.00

Ms. Blunck bas indjcated Lhat she will pay the fees approved by the Court. The allocation

of my fees as between the parties is to be determined by the Court and is outside the scope of my

role as Receiver. Should a hearing be required on this matter. t request that the Court award

additional fees for time expended at the hourly rate of $300.00 per hour.

Page 31 of 207 000031 WHEREFORE. J request that the Court approve my final report, approve payment of my

fees, and discharge me from my role as Receiver in lhis case.

Respectfully submitted.

~~~~ LEON BREEDEN 120 W. Hopkins. Suite 102 San Marcos, Texas 78666 Tel: 512-396-2199 Fax: 512-754-7163 leonl@leonbrceden.com State Bar No. 02940750 Receiver

Certificate of Se~ ice

I certify that a true copy of tlus document was served on each allorney of record or party in accordance with the fexas Rules of Civil Procedure on January ) :"f , 2014.

~~«'~~_, Leon Breeden. Recetver

Page 32 of 207 000032 FILED 1/30/2015 3:32:47 PM Beverly Crumley District Clerk Hays County, Texas CAUSE NUMBER 11-1217

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER. BLUNCK § 22"n JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

MOTION FOR POST-JUDGMENT RECEIVERSHIP PURSUANT TO SECTION 31.002, CIVIL PRACTICE AND REMEDIES CODE

1. Cathy A. Blunck has obtained a judgment against Tcddc R. Blunck in this cause. The

judgment is dated 24 Octo her 2012, and is in the amount of approximately $242,532.00. The

judgment is final and not appealable and remains fully payable. A copy of the judgment is attached

as Exhibit "A." Attached as Exhibit "B" is a copy of Section 31.002, Civil Practice and Remedies

Code (herein §31.002) upon which this motion is based.

2. §31.002(a) specifically provides that, "A judgment creditor is entitled to aid from a court of

appropriate jurisdiction ... " and §31.002( a)(3) provides f(x the appointment of a receiver to collect

the debt. Tedde R. Blunck has not paid the judgment Tcdde R. l3lunck owns property, including

present or future rights to property that cannot he readily attached or levied on by ordinary legal

process; and the property is not exempt from attachment, execution, or seizure for the satisfaction

of liabilities.

3. Accordingly, Cathy A. Blunck requests the Court order TeddeR. Blunck to turn over all non-

exempt property that is in TeddeR. Blunck's possession or subject to his control, including, but not

limited to, (I) all financial accounts (bank account), certificates of deposit, money market accounts,

accounts held by any third party; (2) all securities; (3) all real property, equipment, vehicles, boats,

In the Matterofthe Marriage of Blunck Motion for Post-Judgment Receivership Page I

Page 33 of 207 000033 and planes: (4) all safety deposit boxes or vaults; (5) all cash: (6) all negotiable instruments,

including promissory notes, drafts, and checks: (7) causes of action or choses of action; ( 8) contract

rights, whether present or future; and (9) accounts receivable, together with all documents related

to the property, to a receiver with authority to take possession of the non-exempt property, sell it and

pay the proceeds to Cathy A. Blunck to the extent required to satisfy the judgment, including the fees

and costs of the receiver.

4. Cathy A. Blunck further moves the Court to appoint a receiver pursuant to §31.002(b)(3), to

take possession of the non-exempt assets and documents related to the assets, sell the assets and

apply the proceeds from the sale to satisfy the judgment, including the receiver's fees and costs.

Cathy A. Blunck requests this court to appoint Leon Breeden whose address is 120 W. llopkins.

Suite 102, San Marcos, Texas, 78666 as Receiver. Mr. Breeden has previously served as a receiver

in this case.

5. Cathy A. Blunck requests that the Court award its attorney's fees, expenses and costs in the

amount of $750.00 for preparing, tiling and arguing the motion and obtaining an order. Under

§31.002(e), the judgment creditor is entitled to recover reasonable costs, including attorney's fees.

WHEREFORE PREMISES CONSIDERED, Cathy A. Blunck respectfully requests that the

Court appoint a receiver to collect the judgment in this case, award attorney's fees, and provide for

the payment of tees and costs to the receiver.

In the Matter of the Marriage of Blunck Motion for Post-Judgment Receivership Page 2

Page 34 of 207 000034 Respectfully Submitted,

LAW OFFICE OF KARL E. HAYS. PLLC 2101 South IH-35, Suite 210 Austin, Texas 78741 512-476-1911 512-476-1904 facsimile

By: /~L ~~~--· Karl E. Hays State Bar Number 09307050 servicc(cll,haysfami lylaw.com

ATTORNEY FOR CA TIIY A. BLUNCK

The undersigned attorney certifies pursuant to Rule 21 of the Texas Rules ofCivil Procedure. that the foregoing Motionfhr Post-.!udRment Receivership Pursuant to Section 31.002, ( 'ivil Practice and Remedies ('ode has been served upon the below-named individual, in the manner noted below, as prescribed by Rule 2\a ofthe Texas Rules of Civil Procedure, on this 30th day of January 2015.

// cr £_ I .d--- Karl E. I lays

Via Facsimile Transmission TeddeR. Blunck 502 Quitman St. P.O. Box 1152 Pittsburg, Texas 75686 903-855-8456 facsimile

In the Matter of the Marriage of Blunck Motion for Post-Judgment Receivership Page 3

Page 35 of 207 000035 , . oc~)4. 2012 9:21AM 1 Barrett & Coble No. 0865; I P. 3

' \\-\:l.\1 FILED CAUSE NUMBER 11415t 2012 NOV -I AH tO: 2 t I

INITBEMATTEROF § IN THE DISTRICT ~-tl ~ TilE MARRIAGE OF § § ~ D,srl!cr CLER TEDDER. BLUNCK § Z2ND JUDICIAL DISt~~~u~wr - I

AND § I I

CA'l1lY A. BLUNCK § HAYS COUNTY, 'fEXAS I !

FINAL DECREE OF DIVORCE

On 8, 9, and 16 August 2012 the Court heard this case.

Petitioner, Tedde R. Blunck, appeared in person, pro se, and announced ready for I

trial.

Respondent, Cathy A. Blunck, appeared in person and through attorney of record,

John Barrett, and announced ready for trial.

Record

The record of testimony was duly reported by the court reporter for the 22nd

Judicial District Court.

Jurisdiction and Domicile

The Court, upon taking judicial notice of the contents of the file in this 1cause, :,

finds that the pleadings of Petitioner and Respondent are in due form and contain 'all the I I

..:r allegations, infonnation. and prerequisites required by law. The Court, after receiving CD 1r.) -' ~ evidence, finds that it has jurisdiction of this case and of all the parties and that ~tI least > 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.

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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 ~~ .

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' 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. ·

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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

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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

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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

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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

g; and shall be payable as follows: to he paid in monthly payments of$1,158.73 each~ due

on the 1st day of the month beginning the first day of the month after this Final Dec~ee of

IMMO IJlurtek FintJllJ•crN ofDhlorce Page./9

000193 Page 54 of 207 46 000054 Oct .• 24. 2012 9:24AM Barrett & Co~le No. 0865 ' P. 22

Divorce is entered and continuing on the 1st of each month thereafter, and continuing for

ten years until principal and interest have been paid. To further evidence the :debt,

Petitioner is ORDERED to sign a Lien Note payable to Respondent in the amount of the

debt specified above and payable according to the terms specified above. Petitiokr is

FURTIIER ORDERED to sign a deed of trust to secure payment of the debt resulting from the owelty of partition.

This debt 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.: The

Court finds that this debt is necessary foc the purpose of achieving a just and ':right

division of the community property.

Judgment and Lien I I

.For the purpose of a just and right division of property made in this decree, IT IS

FURTHER ORDERED AND DECREED that Respondent, Cathy A. Blunck, is awarded

judgment of ONE HUNDRED NINE TIIOUSAND TWO HUNDRED FOR1Y-SEVEN

AND N0/100 Dollars ($109,247.00) against Petitioner, Tedde R. Blunck, payable in

\0 accordance with the tenns listed above, with interest at 5% percent per year compoUnded ~ I

~ annually from the date ofjudgment, for which let ex~ution issue. The Court further c.::> 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 -~--

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 <;ont~d > 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

divided by this Final Decree of Divorce are subject to future division as provided . ir the I

Texas Family Code. I I I IT IS FURTiiER ORDERED AND DECREED, as a part of the division df the I I

estate of the parties, that any community liability not expressly assumed by a party kder I this decree is to be paid by the party incurring the liability, and the. party inclllTirig the ! I liability shall indemnity and hold the other party and his or her property harmless jfrom

any fail we to so discharge the liability. i I Confirmation ofSeparate Property I II IT IS ORDERED AND DECREED that the following described pro~ is

confirmed as the separate property of Cathy A. Blunck: iI . I

a. Jackson National Life Insurance Perspective II Fixed & Variable ~uity, . policy number ending in ***876A; : b. Miscellaneous jewelry . c. 50% of Terrell Enterprises, Inc. -T d. 15.1426% of Selma.Ventures, Ltd. j

co d. SO% of Mar/Max, Inc. 1

~ ~ Credit Cards II -T IT IS ORDERED AND DECREED that Cathy A. Blunck is granted exclusi~e use

~ of the follo.W.g 0.0011 cards and Tedde R. Blunck is enjoined and prohibited ftom ~iog > 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, executi

execution and final disposition of this judgment The parties shall cooperate to insurf that I

IMMO klv..ck F;,Q] l>feree ~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

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

omission of the other party and hold him or her hannless from all damages resulting ftom1

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 +-~<:..~ Judgment Debtor is ORDERED to identify and tum over to the Receiver1tll interests of PJ. Judgment Debtor's in any business or venture and all agreements, stock certificates and other

documents pertaining to the Judgment Debtor's ownership in the business or venture within five (5)

days from Judgment Debtor's receipt of a copy of this order.

This Order constitutes a Charging Order under the Texas Business Organizations Code. This

Order constitutes a lien upon the Judgment Debtor's partnership interest in a partnership and the

Judgment Debtor's membership interest in a limited liability company. The Receiver has the right

to receive any distribution to which the Judgment Debtor would be entitled from the Judgment

In the Matter ofthe Marriage of Blunck Order on Motion for Post-Judgment Receivership Page2

Page 73 of 207 000073 Debtor's partnership or membership interest.

Judgment Debtor is ORDERED to continue, until the Judgment in this cause is fully paid,

to turnover to the Receiver at the Receiver's address all checks, cash, securities, promissory notes,

documents of title, and contracts within three (3) days from the Judgment Debtor's receipt and

possession of such property, if, as and when Judgment Debtor becomes in receipt and possession of

any such property. Paychecks for current wages are exempt from this Order.

In addition to the powers of the Receiver set forth herein, it is ORDERED that the Receiver

shall have the following rights, authority and powers with respect to the Judgment Debtor's property,

to: 1) collect all accounts receivable of Judgment Debtor and all rents due to the Judgment Debtor

from any tenant; 2) to change locks to all premises at which any property is situated; 3) direct the

delivery of Judgment Debtor's mail and the mail of any business of the Judgment Debtor's to the

Receiver's address and open all mail directed to Judgment Debtor and any business of Judgment

Debtor; 4) endorse and cash all checks and negotiable instruments payable to Judgment Debtor,

except paychecks for current wages; 5) hire a real estate broker to sell any real property and mineral

interest belonging to the Judgment Debtor; 6) hire any person or company to move and store the

property of Judgment Debtor; 7) (but not the obligation) insure any property belonging to the

Judgment Debtor; 8) obtain from any financial institution, bank, credit union, credit bureau, savings

and loan, title company, or any other third party, any financial records, including credit reports

belonging to or pertaining to the Judgment Debtor; 9) obtain from any landlord, building owner or

building manager where the Judgment Debtor or the Judgment Debtor's business is a tenant, copies

ofthe Judgment Debtor's lease, lease application, credit application, payment history and copies of

In the Matter of the Marriage of Blunck Order on Motion for Post-Judgment Receivership Page3

Page 74 of 207 000074 Judgment Debtor's checks for rent or other payments; 10) hire any person or company necessary to

accomplish any right or power under this Order; and 11) take all action necessary to gain access to

all storage facilities, safety deposit boxes, real property, and leased premises wherein any property

of Judgment Debtor may be situated, and to review and obtain copies of all documents related to

same.

In addition to the powers of the Receiver set forth herein, it is ORDERED that the Receiver

shall have the right, authority and power to request and obtain from providers of utilities,

telecommunications, telephone, cell phone, cable, internet, data services, internet website hosts,

satellite television services, and all similar services (including Time Wamer, AT&T, Verizon, Sprint,

Satellite TV, Direct TV, EV 1, Google, Yahoo, and internet blogs and chat rooms) compelling the

production of any information regarding the defendant's payments, payment history and financial

information, including account information, telephone numbers, names, service addresses, telephone

numbers, IP addresses, call detail records, payment records, and bank and credit card information.

This Order specifically serves as the court order required by 47 USC §551, and satisfies all

obligations of the responding party to obtain or receive a court order prior to disclosing material

containing personally identifiable information of the subscriber and/or customer.

Any Sheriff or Constable, and their deputies, and any other peace officer, are hereby directed

and ordered to assist the Receiver in carrying out his duties and exercising his powers hereunder and

prevent any person from interfering with the Receiver in taking control and possession of the

property of Judgment Debtor, without the necessity of a Writ of Execution. It is ORDERED that the

Receiver is authorized to direct any Constable or Sheriff to seize and sell property under a Writ of

In the Matter ofthe Marriage of Blunck Order on Motion for Post-Judgment Receivership Page4

Page 75 of 207 000075 Execution.

It is ORDERED that Cathy A. Blunck shall have and recover of and against Judgment

Debtor, judgment in the additional sum of $750.00 as additional attorney fees for the presentation

of this motion. Said judgment shall bear interest at the rate of 5% per annum from the date of this

order until said judgment is fully satisfied.

It is ORDERED that the Receiver has the authority to issue subpoenas for the production of

documents to Judgment Debtor and to third parties.

It is ORDERED the Receiver shall not post a bond. It is further ORDERED that the Receiver

shall 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. It is ORDERED that the Receiver's fee is taxed as

a cost against the Judgment Debtor. The Receiver is further ORDERED to take the oath of his

office.

SIGNED this _----..LL_day of February 2015.

In the Matter of the Marriage of Blunck Order on Motion for Post-Judgment Receivership Page 5

Page 76 of 207 000076 ORDER PREPARED BY:

LAW OFFICE OF KARL E. HAYS, PLLC 2101 South IH-35, Suite 210 Austin, Texas 78741 512-476-1911 512-476-1904 facsimile

,.,.c___............ ------ ..····_·/-~~--2-=::._·_ __ By:___..,.,..o::_-_ Karl E. Hays State Bar Number 09307050 service@haysfamilylaw.com

ATTORNEY FOR CATHY A. BLUNCK

In the Matter of the Marriage of Blunck Order on Motion for Post-Judgment Receivership Page6

Page 77 of 207 000077 EXHIBIT "A"- Documents to be Delivered to Receiver

1. Tax returns for calendar years 2012, 2013, and 2014, including all W-2 and 1099 forms. If returns have not been prepared yet for any year, then produce W -2 and 1099 forms for each year.

2. Name, address and telephone number of any tax preparer, accountant or bookkeeper employed by TeddeR. Blunck or any business or entity in which he has an interest since September 1, 2012.

3. Full statements for all bank, financial and brokerage accounts in the name of TeddeR. Blunck or any business or entity in which he has an interest for each month since September 1, 2012.

4. All life insurance policies currently in effect insuring the life ofTedde R. Blunck.

5. All checkbooks for all accounts currently held by TeddeR. Blunck and any business or entity in which he has an interest.

6. All keys for any safety deposit boxes or drawers or storage facilities currently rented by TeddeR. Blunck or any business or entity in which he has an interest.

7. All trust documents in which TeddeR. Blunck is named as a grantor or beneficiary.

8. All titles for all motor vehicles, boats, aircraft, and trailers owned by TeddeR. Blunck or any business or entity in which he has an interest.

9. All firearms owned by TeddeR. Blunck.

10. All deeds, deeds of trust, notes and leases pertaining to any real property owned by Tedde R. Blunck or any business or entity in which he has an interest.

11. All documents relating to the transfer of any property by TeddeR. Blunck since September 1, 2012.

In the Matter of the Marriage of Blunck Order on Motion for Post-Judgment Receivership Page7

Page 78 of 207 000078 11 .

CAUSE NUMBER 11-1217 ~il~ IN THE MATTER OF § IN M{~ISTiuc1JfCdl!RT THE MARRIAGE OF § § TEDDER. BLUNCK § AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

OATH OF RECEIVER

I solemnly swear that I will faithfully perform and discharge the duties of receiver in this

cause and will obey the orders of the Court. I further swear that I am a qualified voter of the State

of Texas and am in fact registered to vote. My actual residence is in the State of Texas. I further

swear that I am not a party, attorney or other person interested in the action giving rise to the

judgment that is the basis for the appointment of a receiver.

f~~~~~:.e~A:::::::::::E:::.-&~ ~ Receiver

STATEOFTEXAS §

COUNTY OF HAYS §

I certify under my seal of office thisct-tvday of February 2015, that Leon Breeden personally appeared before me, the undersigned Notary Public, and signed the foregoing statement in writing before me and swore before me that the facts therein stated are true and correct.

Page 79 of 207 000079 FIL!j[lJt:lls 20-lQ. 0. -'-··ot~ ~. CLER[)l/JCT d.URT, HAYS CO.lX NO. 11-1217 By a < ()epUly

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER. BLUNCK § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

ORDER APPROVING RECEIVER'S FINAL REPORT, AUTHORIZING PAYMENT OF RECEIVER'S FINAL FEES AND EXPENSES. AND DISCHARGING RECEIVER

On this date came on to be considered the Motion to Approve Final Report of Receiver,

For Payment of Receiver's Fees and Expenses, and to Discharge Receiver filed by LEON

BREEDEN, who was appointed as Receiver in this case.

The Court approves the Receiver's Final Report and authorizes payment of $7,800.00 to

LEON BREEDEN for the final fees and expenses of the Receiver, to be paid by CATHY A

BLUNCK. The Court reserves a final ruling on assessment ofthe Receiver's fees in this case as

between the parties.

IT IS ORDERED that LEON BREEDEN is hereby DISCHARGES from his duties as

Receiver in this case.

Signed on 5 6c u~ ' 201.K..l

APPROVED AS TO FORM:

Tedd R. Blunck, Pro Se Kat( E. Hays, Attorney For Cathy Blunck State Bar No. 00793355 State Bar No. 09307050

Page 80 of 207 000080 FILED 2/9/2015 12:00:00 AM 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 § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

OBJECTION TO RECEIVER’S MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER’S FEES AND EXPENSES. AND TO DISCHARGE RECEIVER

This Objection To Receiver’s Motion To Approve Final Report Of Receiver, For Payment

Of Receiver’s Fees And Expenses. And To Discharge Receiver is brought by Tedde R. Blunck,

Petitioner. In support, Tedde R. Blunck shows:

1. Receiver Leon Breeden submitted his Final Report of Activities to the Court and

Noticed the Petitioner January 14, 2015. Receiver Requests that his final report be approved and

that he be discharged from his role as Receiver in the case.

2. Petitioner objects only to Payment of Receiver’s fees as requested and makes no

objection to the Final Report or the discharge of the Receiver.

3. Petitioner asserts that Receiver’s fees are unreasonable because they are based on

his hourly rate for his work as an attorney, not that of a receiver.

4. Receivers are entitled to reasonable compensation. See Jones v. Strayhorn, 159

Tex. 421, 321 S.W.2d 290, 292-293 (1959). The value of a receiver's services determines the

appropriate amount of compensation. See Bergeron v. Sessions, 561 S.W.2d 551, 554 (Tex. Civ.

App.--Dallas 1977, writ ref'd n.r.e.). To determine the value of a receiver's services, courts

consider the following factors:

Objection To Receiver’s Motion To Approve Final Report Of Receiver, For Payment Of Receiver’s Fees And Expenses. And To Discharge Receiver Page 1 of 4 Page 81 of 207 000081 (3) the time spent;

(4) the knowledge, experience, labor and skill required of, or devoted by the receiver;

Id. 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[.]" Id. at 555.

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 of the receivership." Hodges v. Peden, 634 S.W.2d 8, 12 (Tex. App.--Houston [14th Dist.]

1982, no writ (citing Jones, 321 S.W.2d at 293-94).

5. Objection to the Receiver’s fees requested will be addressed in the order set out

above:

(1) the nature, extent and value of the administered estate – there were three accounts

that the Receiver held in custodia legis. According to his report, he did nothing more than visit

each bank and present the order of the court appointing him receiver and subsequent to that time

received periodic reports from the banks.

(2) the complexity and difficulty of the work – there was nothing complex at all in the

work that the receiver did, it could have just as easily been done by any high school graduate. The

Petitioner cooperated in every regard and did not interfere with Receiver in any way to complicate

the Receiver’s exercise of his obligations.

(3) the time spent – the vast majority of the Receiver’s time was spent traveling and

eating meals. In fact the Final Report is incorrect in that total time through preparation of the

report was 18.75 hours and the invoice if for 26 hours. Even if 26 is the correct number more than

Objection To Receiver’s Motion To Approve Final Report Of Receiver, For Payment Of Receiver’s Fees And Expenses. And To Discharge Receiver Page 2 of 4 Page 82 of 207 000082 half of the Receiver’s time was spent in travel and meals.

(4) the knowledge, experience, labor and skill required of, or devoted by the receiver –

the only knowledge required of the Receiver was that of the accounts provided to him by the

Petitioner. There was no need to use the knowledge, experience, labor and skill of an attorney in

this matter and the Receiver should not be compensated at his rate as an attorney to perform legal

work in complex legal matter. "[A] receiver is not entitled to compensation at a legal rate for

work which does not require legal skills." Bergeron, 561 S.W.2d at 554.

(5) the diligence and thoroughness displayed – the Receiver did not file regular

monthly reports with the Court, in fact the only two reports have been received by the Petitioner,

the initial report and the final report.

(6) the results accomplished – The Receiver held three IRA accounts in custodia legis

without doing any more, as set out in the Agreed Order, signed by the Petitioner. Absolutely no

legal effort was required on the part of the Receiver at any time.

6. Receiver has not provided any evidence at any time during the last two years that

his charged rate of $300 per hour is reasonable compensation for the services provided. In fact

such a high rate for the services that were provided is highly unreasonable, especially the use of

such an egregious rate for travel and meals.

7. Tedde R. Blunck prays that the Court sustain his Objection To Receiver’s Motion

To Approve Final Report Of Receiver, For Payment Of Receiver’s Fees And Expenses. And To

Discharge Receiver and require the Receiver to, at a hearing to proffer evidence showing by a

preponderance of the evidence that the fee charged for the services was reasonable, in light of the

factors stated above that the court must consider.

Objection To Receiver’s Motion To Approve Final Report Of Receiver, For Payment Of Receiver’s Fees And Expenses. And To Discharge Receiver Page 3 of 4 Page 83 of 207 000083 Respectfully submitted,

TEDDE R. BLUNCK, PETITIONER 502 Quitman Street P.O. Box 1152 Pittsburg, Texas 75686 Tel: (903) 855-8460 Fax: (903) 855-8465 tblunck@yahoo.com

I certify that a true copy of the above was served on Leon Breeden and Karl E. Hays, by

e-service to their e-mail addresses on file in accordance with the Texas Rules of Civil Procedure on

February 8, 2015.

Tedde R. Blunck, Petitioner

Pro Se

Objection To Receiver’s Motion To Approve Final Report Of Receiver, For Payment Of Receiver’s Fees And Expenses. And To Discharge Receiver Page 4 of 4 Page 84 of 207 000084 FILED 2/9/2015 12:00:00 AM 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 § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYS COUNTY, TEXAS

OBJECTION AND SPECIAL EXCEPTION TO RESPONDENT’S MOTION FOR POST JUDGMENT RECEIVERSHIP PURSUANT TO SECTION 31.002 , CIVIL PRACTICES AND REMEDIES CODE

This Objection To Respondent’s Motion For Post Judgment Receivership Pursuant To

Section 31.002 , Civil Practices And Remedies Code is brought by Tedde R. Blunck, Petitioner.

In support, Tedde R. Blunck shows:

1. The Motion is not sufficiently specific to comply with the requirements of the

Texas Civil Practices and Remedies Code Section 31.002.

2. Petitioner did not receive adequate notice as required under the Texas Rules of

Civil Procedure as Exhibit A referenced in the Motion was not provided by the Respondent.

3. The Judgment amount stated in the Motion of $242,532.00 is not supported by the

text of the Final Decree of Divorce.

4. The Receiver proposed seeks unreasonable fees.

5. Although it cannot be determined in fact since Exhibit A was not provided, it is

assumed that the Judgment amount alleged seeks payment for attorney’s fees that were awarded in

the Final Decree of Divorce for Appellate proceedings. Such fees were never incurred and the

Appellate court actually denied the Respondent’s request for attorney fees in the limited appellate

proceedings that did take place.

6. Tedde R. Blunck prays that the Court sustain his Objection and Special Exception

To Respondent’s Motion For Post Judgment Receivership Pursuant To Section 31.002, Civil

Objection To Respondent’s Motion For Post Judgment Receivership Pursuant To Section 31.002 , Civil Practices And Remedies Code Page 1 of 2 Page 85 of 207 000085 Practices And Remedies Code and require the Respondent to provide proper notice, and restate her

Motion to comply with the Texas Civil Practices and Remedies Code Section 31.002 and that the

Court review Respondent’s Exhibit A in light of the Final Decree of Divorce to correct any and all

errors stated therein and that Receiver proposed be disqualified.

TEDDE R. BLUNCK, PETITIONER 502 Quitman Street P.O. Box 1152 Pittsburg, Texas 75686 Tel: (903) 855-8460 Fax: (903) 855-8465 tblunck@yahoo.com

I certify that a true copy of the above was served on Leon Breeden and Karl E. Hays, by

e-service to their e-mail addresses on file in accordance with the Texas Rules of Civil Procedure on

Objection To Respondent’s Motion For Post Judgment Receivership Pursuant To Section 31.002 , Civil Practices And Remedies Code Page 2 of 2 Page 86 of 207 000086 NO. 1/-!~17 15 FEB -9 A11!~ ~ lJ ~~-"-.JJr::~u~ § IN THE{;:£>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.

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.

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

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'

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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

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 ·- _ ~ .._

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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<<4~~~--JIC-

Page 99 of 207 000099 1

1 REPORTER'S RECORD VOLUME 1 OF 3 2 CAUSE NO. 11-1217

3 IN THE MATTER OF THE MARRIAGE ) IN THE DISTRICT COURT ) 4 OF ) 428TH JUDICIAL DISTRICT ) 5 TEDDE R. BLUNCK AND ) CATHY A. BLUNCK ) HAYS COUNTY, TEXAS 6 -------------------------------------------------------- 7 MASTER INDEX 8 FEBRUARY 9, 2015 9 -------------------------------------------------------- 10 On the 9th day of February, 2015, the 11 following proceedings came on to be heard in the above- 12 entitled and numbered cause before the Honorable William 13 Henry, judge presiding, held in San Marcos, Hays County, 14 Texas. 15 Proceedings reported by machine shorthand. 16

Page 100 of 207 2

1 APPEARANCES

2 FOR THE RESPONDENT: Mr. Karl E. Hays 3 LAW OFFICES OF KARL E. HAYS 2101 South IH-35, Suite 210 4 Austin, TX 78741 Telephone: 512-476-1911 5 State Bar No. 09307050

6 FOR THE RECEIVER: Mr. Leon Breeden 7 Attorney at Law 120 W. Hopkins St., Suite 102 8 San Marcos, TX 78666 Telephone: 512-396-2199 9 State Bar No. 02940750

Page 101 of 207 3

1 VOLUME 2

2 RECEIVER'S MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, 3 AND TO DISCHARGE RECEIVER; RESPONDENT'S/MOVANT'S MOTION FOR 4 POST-JUDGMENT RECEIVERSHIP

5 FEBRUARY 9, 2015 PAGE VOL. Reciever's Motion to Approve Final Report 6 of Receiver, For Payment of Reciever's Fees and Expenses, and to Discharge Reciever.... 6 2 7 Respondent's/Movant's Motion for 8 Post-Judgment Receivership................. 11 2

9 Court's Rulings.............................. 23 2

10 Adjournment.................................. 24 2

11 Court Reporter's Certificate................. 25 2

12 EXHIBIT INDEX RECEIVER'S NO. OFFERED ADMITTED VOL. 13 1 Receiver's File-stamped 6 6 2 Motion 14 RESPONDENT'S/MOVANT'S 15 NO. 1 Living Trust 15 16 2 16 2 Schedules 19 19 2 17

Page 102 of 207 4

1 VOLUME 3

2 EXHIBIT INDEX

3 RECEIVER'S NO. OFFERED ADMITTED VOL. 1 Receiver's File-stamped 6 6 2 4 Motion

5 RESPONDENT'S/MOVANT'S NO. 6 1 Living Trust 15 16 2

7 2 Schedules 19 19 2

Page 103 of 207 5

1 STATE OF TEXAS )

2 COUNTY OF HAYS)

3 I, Diana Vargas, Deputy Official Court Reporter

4 in and for the 428th Judicial District Court of Hays

5 County, State of Texas, do hereby certify that the above

6 and foregoing pages contain a true and correct

7 transcript of all portions of evidence and other

8 proceedings, requested in writing by counsel for the

9 parties to be included in this volume of the Reporter's

10 Record, in the above-styled and numbered cause, all of

11 which occurred in open court or in chambers and were

12 reported by me.

13 I further certify that this Reporter's Record

14 of the proceedings truly and correctly reflects the

15 exhibits, if any, admitted by the respective parties.

16 WITNESS MY HAND this the 11th day of March,

17 2015.

19 /s/ Diana Vargas Diana Vargas, Texas CSR 5872 20 Expiration Date: 12/31/16 P.O. Box 404 21 Schertz, TX 78154 Telephone: 210-827-4164 22

Page 104 of 207 1

1 REPORTER'S RECORD VOLUME 2 OF 3 2 CAUSE NO. 11-1217

3 IN THE MATTER OF THE MARRIAGE ) IN THE DISTRICT COURT ) 4 OF ) 428TH JUDICIAL DISTRICT ) 5 TEDDE R. BLUNCK AND ) CATHY A. BLUNCK ) HAYS COUNTY, TEXAS 6 -------------------------------------------------------- 7 RECEIVER'S MOTION TO APPROVE FINAL REPORT OF RECEIVER, 8 FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, AND TO DISCHARGE RECEIVER; 9 RESPONDENT'S/MOVANT'S MOTION FOR POST-JUDGMENT RECEIVERSHIP 10 FEBRUARY 9, 2015 11 -------------------------------------------------------- 12 On the 9th day of February, 2015, the 13 following proceedings came on to be heard in the above- 14 entitled and numbered cause before the Honorable William 15 Henry, judge presiding, held in San Marcos, Hays County, 16 Texas. 17 Proceedings reported by machine shorthand. 18

Page 105 of 207 2

2 FOR THE RESPONDENT: Mr. Karl E. Hays 3 LAW OFFICES OF KARL E. HAYS 2101 South IH-35, Suite 210 4 Austin, TX 78741 Telephone: 512-476-1911 5 State Bar No. 09307050

6 FOR THE RECEIVER: Mr. Leon Breeden 7 Attorney at Law 120 W. Hopkins St., Suite 102 8 San Marcos, TX 78666 Telephone: 512-396-2199 9 State Bar No. 02940750

Page 106 of 207 3

2 RECEIVER'S MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, 3 AND TO DISCHARGE RECEIVER; RESPONDENT'S/MOVANT'S MOTION FOR 4 POST-JUDGMENT RECEIVERSHIP

5 FEBRUARY 9, 2015 PAGE VOL. Reciever's Motion to Approve Final Report 6 of Receiver, For Payment of Reciever's Fees and Expenses, and to Discharge Reciever.... 6 2 7 Respondent's/Movant's Motion for 8 Post-Judgment Receivership................. 11 2

12 EXHIBIT INDEX RECEIVER'S NO. OFFERED ADMITTED VOL. 13 1 Receiver's File-stamped 6 6 2 Motion 14 RESPONDENT'S/MOVANT'S 15 NO. 1 Living Trust 15 16 2 16 2 Schedules 19 19 2 17

Page 107 of 207 4

1 (Proceedings commencing at 9:00 a.m. in

2 open court)

3 THE BAILIFF: Please rise. The 428th

4 District Court is now in session, the Honorable Bill

5 Henry presiding. God bless these United States of

6 America, this great state of Texas, and this honorable

7 court.

8 THE COURT: Good morning. Please be

9 seated. I'll call the docket, let me know whether or

10 not you're ready and how much time you anticipate.

11 In the Matter of the Marriage of Blunck.

12 MR. HAYS: Mr. Breeden and I are here,

13 Judge, and probably just 10 minutes of the court's time.

14 THE COURT: Okay.

15 (Other matters were before the court)

16 THE COURT: At this time we'll call

17 Cause No. 11-1217. That's styled In the Matter of the

18 Marriage of Tedde R. Blunck and Cathy A. Blunck.

19 Go ahead and make your announcements for

20 the record.

21 MR. BREEDEN: Your Honor, Leon Breeden as

22 Receiver. And I filed the first pleading that was set

23 for hearing this morning, which was my final report and

24 request to be discharged.

25 And Mr. Hays has filed another pleading.

Page 108 of 207 5

1 MR. HAYS: That's correct, Your Honor.

2 Karl Hays on behalf of Cathy Blunck.

3 Subsequent to Mr. Breeden filing his

4 motion, I have filed a motion for appointment of a

5 receiver pursuant to the turnover statute, asking for

6 Mr. Breeden, since he's now getting out of the case as

7 the original Receiver, to be reappointed as a turnover

8 receiver for purposes of collecting the judgment.

9 THE COURT: Is anyone here on behalf of

10 Tedde R. Blunck? It is now ten after nine, 9:10; I hear

11 no answer. Has counsel heard from him in any way,

12 shape, or form?

13 MR. HAYS: Yes, your Honor. Well, I

14 received two motions, Mr. Breeden only received one

15 yesterday. Sometime in the afternoon Mr. Blunck faxed

16 through an objection to my motion for appointment of a

17 receiver and then also an objection to Mr. Breeden's --

18 I don't want to speak for Mr. Breeden, but

19 he did not get the one that dealt with him. He only got

20 the one that dealt with me. But that's it. No

21 indication of whether Mr. Blunck intended to show up

22 today or not. But that's the last that I've heard from

23 him.

24 THE COURT: Okay. Let me take a look at

25 his objections.

Page 109 of 207 6

1 THE CLERK: They are in the computer.

2 MR. HAYS: I have the two. Those are my

3 only copies, but you're more than welcome to go through

4 them.

5 THE COURT: They were sent through on

6 Sunday?

7 MR. BREEDEN: Yes, Your Honor.

8 MR. HAYS: And I know Mr. Breeden has a

9 response to his, and then I can briefly tell you the

10 response to mine.

11 THE COURT: Okay. In order for the court

12 to consider the issues related to the final report and

13 payment of Receiver's fees, I'll go ahead and hear the

14 report from Receiver at this time and I'll waive the

15 reading of this.

16 MR. BREEDEN: Your Honor, I would offer

17 into evidence Receiver's Exhibit 1, which is a file-

18 marked copy of my motion.

19 MR. HAYS: No objection.

20 THE COURT: Receiver's Exhibit No. 1 is

21 admitted into evidence.

22 MR. BREEDEN: That, Your Honor, contains

23 my written report and a description of my activities

24 since the last hearing in this case in March of 2014.

25 Nothing much happened at all because of Mr. Blunck's

Page 110 of 207 7

1 bankruptcy filing and his appeal. Until those were both

2 disposed of -- and I received notice in early December

3 from Mr. Hays that the appeal had been dismissed and a

4 mandate had been issued and that he was going to be

5 setting a hearing regarding the disposition of the three

6 IRA accounts that I was in charge of. And as the court

7 knows, he had a hearing with regard to that matter in

8 December.

9 And the next day -- well, I drove to

10 Dallas and picked up Ms. Blunck and we went up to

11 Pittsburg and we went to each of the three banks; had a

12 very difficult time with the first bank, convincing them

13 of the proper manner of disposing of these accounts,

14 took us about four hours to finally get them convinced

15 that the appropriate way to do this was to set up an IRA

16 account for Ms. Blunck and to simply transfer the

17 account, or the proceeds, to her name under an IRA.

18 They initially proposed a couple of

19 different methods of attempting to do this that would

20 have cost her significantly with regards to tax dollars,

21 to the federal government, and, in my opinion, would

22 have destroyed the protective nature of the IRA itself.

23 So once we got the first bank on line,

24 after conferring multiple times with their legal

25 department and their IRA department, the second two were

Page 111 of 207 8

1 a little faster.

2 But the paperwork involved with doing

3 this, Your Honor, quite frankly, astonished me. And the

4 fact that the banks, at least one bank, CitiBank,

5 surprisingly, the biggest one of all, had their system

6 set up where any typographical error or missed answer to

7 a question required reprinting the entire document-

8 ation. And they accumulated several reams of incorrect

9 sets of documents before we finally got it all corrected

10 and printed out. And all of that is detailed in my

11 report.

12 We arrived in Pittsburg at about 10:15 in

13 the morning and we walked out of the last bank at a

14 5:30. If we had not gone on a Friday, we wouldn't have

15 gotten it all done. We had not eaten all day, and then

16 had a meal and then drove back. I left at four o'clock

17 in the morning, I arrived back at my house at 12:30 in

18 the morning.

19 Mr. Blunck apparently continues to object

20 to my hourly rate of $300 an hour, which the court has

21 previously approved, which I can assure the court is a

22 reasonable fee for my services as an attorney with 31

23 years of experience and being board certified in

24 consumer and commercial law. And that was very helpful

25 and useful and necessary in dealing with these banks in

Page 112 of 207 9

1 regards to these accounts.

2 And had someone with my experience not

3 been there, Ms. Blunck may very well have been put in a

4 position of having the protective nature of IRAs

5 destroyed, and possible tax implications that would have

6 been very negative for her. So I don't have any problem

7 with saying that $300 an hour for my time is a

8 reasonable fee.

9 He also says a lot of my time is travel.

10 Yeah, I had to get up there and get all this done,

11 yeah. And I don't have any hesitation in asking for

12 that either, primarily, Your Honor, on the basis that

13 most receivers in any case are paid on a contingency

14 basis. And when you look at the total of my fees on an

15 hourly rate for all the work that I have done against a

16 contingent fee, even at a low percentage of say 25

17 percent, my fees are still less than that. So I don't,

18 again, have any problem with saying that all of my time

19 was justified.

20 His assertion that anyone with a high

21 school degree could have done this is simply laughable.

22 And quite frankly, I was a bit surprised that I didn't

23 run across Mr. Blunck or a constable or a sheriff's

24 deputy given his comments at the last hearing that he

25 was going to be seeking a restraining order against

Page 113 of 207 10

1 transferring the accounts.

2 So, Your Honor, I believe my fee is fully

3 justified. And Ms. Blunck was with me and she's quite

4 satisfied that I was necessary to get this done. And

5 her attorney has signed off on the order and doesn't

6 have an objection. And so I would ask the court to

7 approve my fees. I believe they are very reasonable.

8 And had we not done this at the time that

9 we did do it -- this lady has been waiting for a couple

10 of years, more than that, to get any assets out of this

11 divorce estate. And we accomplished in a day something

12 that on her own just would not have been possible, not

13 the way the banks were trying to structure this

14 transaction.

15 So not only was my fee reasonable, but my

16 services were very necessary, assuming that's the

17 standard. Basically, I did as the court instructed me.

18 In my mind, that's really the standard, that I do what I

19 was instructed to do, which was to get those accounts

20 transferred to her. And we got that accomplished.

21 MR. HAYS: And, Your Honor, I'd add two

22 things to that. First, with respect to my client being

23 happy about what happened, the order reflects that

24 Ms. Blunck is going to actually front the fees, the

25 remainder of the fees. That's because she is extremely

Page 114 of 207 11

1 happy with what happened. And, of course, the court is

2 going to, in the order, reserves the right to reallocate

3 those, hopefully against Mr. Blunck at some point.

4 The other thing I would mention to the

5 court is the irony of Mr. Blunck's argument that

6 Mr. Breeden had to travel long distance. He wouldn't

7 have had to do that if Mr. Blunck hadn't violated the

8 court order by basically stealing these funds and taking

9 them and putting them in Pittsburg, Texas. Because if

10 he had left them where they were at we wouldn't have had

11 to have Mr. Breeden go up there and get these funds, to

12 extricate them. The court has already held him in

13 contempt for doing that.

14 And I just basically think that this is

15 ridiculous that he would be alleging that a problem that

16 he caused, that somehow Mr. Breeden shouldn't be paid

17 for fixing it.

18 THE COURT: Let's change gears a little

19 bit here. What's the issue behind Mr. Blunck's

20 allegation that an appellate court has denied the

21 respondent's request for attorney's fees? How does that

22 play into it?

23 MR. HAYS: Your Honor, as is typical with

24 what Mr. Blunck has done continuously in this case, and

25 we sit there and we try to find nice words about

Page 115 of 207 12

1 attorneys misrepresenting things to the court and saying

2 that they're being disingenuous. I will make no bones

3 about the fact that I think Mr. Blunck is both dishonest

4 and deceitful and violates at every turn the ethical

5 rules that lawyers are supposed to abide by because he

6 is not advising the court with the level of candor that

7 he needs to.

8 First and foremost, we filed for sanctions

9 in the court of appeals because Mr. Blunck filed a

10 frivolous appeal. The court dismissed his appeal, but

11 then said in the order: We're not going to issue

12 sanctions.

13 That has nothing to do with this court's

14 award of appellate fees, and Mr. Blunck knows that. But

15 he is representing to the court that, Oh, well, the

16 court of appeals said no. No, they turned down my

17 motion, under the appellate rules, for sanctions.

18 In addition -- and this is why every time

19 I get something from Mr. Blunck, it's upsetting because

20 Mr. Blunck complained about lack of notice. And what he

21 says is that, Well, you didn't attach a copy of the

22 exhibit.

23 We told him we were not attaching a copy

24 of the divorce decree. In fact, I have the fax

25 cover sheet where we said, "Please note: Exhibit A, the

Page 116 of 207 13

1 final decree of the divorce, is not being faxed to

2 you." Because half the time he doesn't put his e-mail

3 address on there, so we don't know whether to serve him

4 by e-mail, and wanted to make sure we had confirmation

5 that he got this because he's the type of person that

6 will say, You didn't e-mail it to me. We didn't fax it

7 because the volume of the document and because you

8 already have a copy.

9 So now he files something, saying, Well, I

10 don't know what you're talking about. Which is

11 completely dishonest. He knows about the decree of

12 divorce, he knows what's in the decree, he's appealed

13 from the decree of divorce.

14 And so the bottom line is, we also, under

15 the statute, don't even have to attach a copy of it. I

16 just did that because that's what I ordinarily do when I

17 file these motions. I even attached a copy of the

18 statute itself, just for the court's own benefit, so you

19 would have both the copy of the turnover statute and a

20 copy of the decree.

21 But this is at its most fundamental level

22 an ex parte proceeding, clearly. And I'll just tell the

23 court the most recent citation for that. And I can give

24 the court a copy of this case. It's Cantu v. Seeman.

25 It's a May, 2012, court of appeals opinion. It was

Page 117 of 207 14

1 petition denied from the First District, Houston Court

2 of Appeals, where the exact same argument was raised

3 about "I didn't get notice, I didn't get an opportunity

4 to argue."

5 And the court specifically says: Due

6 process does not require that a complainant who has been

7 granted an opportunity to be heard and had his day in

8 court should, after judgment, have further notice and

9 hearing before supplemental proceedings.

10 You don't give them, really, notice of

11 writ of execution being issued. They don't get a chance

12 to challenge that.

13 THE COURT: Or garnishment.

14 MR. HAYS: Or garnishment or anything like

15 that. And they mention there's no statutory

16 requirement. So they overruled his objections. You can

17 keep a copy of that case, Judge, I have additional ones.

18 So what we're asking for in this case,

19 Your Honor, is we now have a situation where there is no

20 longer an appeal -- because that's what Mr. Blunck's

21 original argument was: You can't do anything under

22 9.007(c) of the Texas Family Code. That says while an

23 appeal is pending you can't do anything to enforce a

24 judgment -- or to enforce the property division.

25 Mr. Breeden was appointed originally just

Page 118 of 207 15

1 to hold on to this property, make sure nothing else

2 happened to it. Now we want Mr. Breeden appointed

3 because of his background, his being board certified in

4 consumer law, to be able to go collect on the judgment.

5 The judgment is in the amount of $242,000

6 and some change. There's interest attached to that

7 because this judgment was basically done in October of

8 2012. So we've got, you know, at least two, two and a

9 half years' worth of interest on this judgment.

10 I'm marking as an exhibit, Your Honor, as

11 Movant's 1, a copy of Mr. Blunck's living trust. It's

12 been marked by the court reporter. I'll tender that to

13 the court.

14 I'm asking the court to do two things.

15 One, is first take judicial notice of the file and the

16 decree of divorce.

17 THE COURT: The request is granted.

18 MR. HAYS: And that, in and of itself,

19 reflects the property that was awarded to Ms. Blunck.

20 And it is that property, various items of property that

21 we're asking for the court to appoint a receiver to be

22 able to recover.

23 I'm moving for the admission of

24 Movant's 1, which is the Living Trust in which

25 Mr. Blunck transferred all of his property. We believe

Page 119 of 207 16

1 that that -- well, that does establish in Mr. Blunck

2 certain contractual rights. Those rights are not

3 subject to regular execution; we can't go have the

4 sheriff execute on those.

5 But a receiver steps into the shoes of

6 Mr. Blunck and can exercise the rights that are granted

7 to Mr. Blunck under that agreement, under that trust

8 agreement. And so that's why we need to have a

9 receiver, because essentially the receiver is going to

10 step into Mr. Blunck's shoes with respect to that living

11 trust and be able to exercise Mr. Blunck's rights that

12 he would have under the living trust.

13 THE COURT: Any objection to Movant's

14 Exhibit No. 1?

15 MR. BREEDEN: I'm just standing here, Your

16 Honor. I'm not a party.

17 MR. HAYS: He's not here yet.

18 THE COURT: Correct.

19 MR. HAYS: He's not here yet, until you

20 sign an order.

21 THE COURT: There being no objection,

22 Movant's Exhibit No. 1 is admitted into evidence.

23 MR. HAYS: And I'll tender the court a

24 copy of our proposed order on that, Your Honor. And it

25 basically gives -- number one, it sets the same fee the

Page 120 of 207 17

1 court has previously recognized as a reasonable fee for

2 Mr. Breeden.

3 Mr. Breeden and I discussed this and he

4 felt that -- and I believe this to be true -- that it's

5 fairer to do it on an hourly basis than a contingent fee

6 basis. It certainly benefits my client to do that

7 considering there's about $242,000. I appreciate

8 Mr. Breeden not doing this on a contingent basis because

9 the reasonable fee for that is a quarter, 25 percent.

10 And certainly I believe his hourly rate is going to be

11 much less than that. That's what it was in connection

12 with the original receivership.

13 So we asking $300 an hour for

14 Mr. Breeden. We are asking because the statute --

15 there's a difference between the Turnover Statute and

16 the provisions for receiver under the other provisions

17 of the law. Receivers routinely serve without bond. As

18 a turnover receiver, we're asking that Mr. Breeden be

19 allowed to do that.

20 He showed himself to be an exemplary

21 receiver in the previous case, and so in this situation

22 all he's going to be doing is executing on a judgment.

23 I think there's very little chance of anything going

24 wrong that we would need a bond for. So we're asking

25 for it to be without bond.

Page 121 of 207 18

1 And we're asking for certain rights to be

2 afforded to him; namely, that property be turned over to

3 him; that Mr. Blunck be required to turn over certain

4 items to him. We don't believe that that's going to

5 happen, but we still have it in the order, asking for

6 that.

7 And with that, Your Honor, I'd simply ask

8 that the court approve the receivership. This has been

9 a long and arduous path to get to this point. My client

10 sat for over two years without having any benefit -- she

11 still hasn't gotten -- she can't transfer title, she

12 can't sell her car, transfer title to any of the

13 vehicles because he hasn't signed off on any of it. He

14 hasn't done any of that. And she's basically been

15 sitting without any of this property.

16 We finally got the 600,000 that she should

17 have gotten two years ago to her. But this is the end

18 of the road for Mr. Blunck. And we need to start

19 collecting on this judgment.

20 Your Honor, I have one additional thing

21 that I wanted to provide to the court. I have marked as

22 Movant's 2 -- Mr. Breeden already mentioned this and the

23 court knows it. Mr. Blunck declared bankruptcy. And as

24 the court knows, you specifically asked the bankruptcy

25 court for permission to be able to go against

Page 122 of 207 19

1 Mr. Blunck, and the bankruptcy court has granted you

2 that permission.

3 They have also -- these particular debts

4 are outside of the bankruptcy. There's a court order

5 that says specifically we can collect these. He's in a

6 Chapter 13 plan. These reason why I'm presenting --

7 these are the schedules that Mr. Blunck submitted. And

8 in those schedules Mr. Blunck represented to the

9 bankruptcy court that he had exempt property, in

10 addition to what we showed you with the trust and the

11 contract rights that can be executed pursuant to the

12 turnover order.

13 There is also exempt properties in terms

14 that there's a number of firearms that he lists in here

15 as being exempt property. There's equity interest in

16 properties. And I would tender that to the court and

17 move for its admission because it's a representation by

18 him that he had over $200,000 of nonexempt property that

19 he is still in possession of, that we want. Because if

20 it's over $200,000, it will go a long way toward

21 settling this judgment of 242,000.

22 THE COURT: Movant's Exhibit No. 2 is

23 admitted into evidence.

24 I want to go through the basics of

25 receivership a bit here. Prior to this, the court

Page 123 of 207 20

1 appointed Mr. Breeden to hold and protect the property;

2 is that basically --

3 MR. HAYS: Correct.

4 THE COURT: Now you're asking the court to

5 appoint him on behalf of a party to collect, and as a

6 subset of that to -- for lack of a better word, step

7 into the shoes of Mr. Blunck as Mr. Blunck's fiduciary

8 responsibility to the trust?

9 MR. HAYS: Correct. I'll be candid with

10 the court. Mr. Blunck attempted to avoid the

11 application of any of our efforts to collect by

12 transferring. He has transferred all of his property

13 into the living trust. He represented to the court of

14 appeals that was his poor man's attempt to a

15 supersedeas bond. That ended backfiring on him because

16 the court of appeals said, You transferred it to a

17 third-party, therefore you've accepted the benefits

18 under the judgment by that transfer; your appeal is

19 dismissed.

20 Under the trust agreement, Mr. Blunck has

21 the right to revoke that trust. Also under the trust

22 agreement, Mr. Blunck has the right to appoint a

23 substitute trustee. Whomever is appointed as receiver

24 will step into Mr. Blunck's shoes and have the right to

25 either revoke the trust or appoint a substitute trustee

Page 124 of 207 21

1 to transfer property.

2 It is clearly in there that Mr. Blunck

3 right now can tell his trustee "Do this with the

4 property." He maintains full control over it. So those

5 rights, those contract rights, the turnover order would

6 authorize the receiver to execute those contract rights

7 because those are rights that are subject to basically

8 being -- they're subject to a receiver taking control of

9 under the turnover order. They're not readily leviable

10 because you can't have the sheriff go out and do that.

11 And so that's why we're asking the receiver to do that.

12 I fully believe that Mr. Breeden will then

13 either cause a new trustee to be appointed and have that

14 trustee transfer property pursuant to his request, or

15 he's going revoke the trust. One of the two. And that

16 primarily is the focus of our turnover proceeding.

17 Originally, we tried the turnover, we

18 filed for a turnover, but Mr. Blunck said, Wait a

19 minute, under the Family Code, 9.007(c) says you can't

20 do that. And there's a specific case. They did a

21 turnover order and the court of appeals said you can't

22 do that because you're attempting to enforce the

23 judgment, and while there's an appeal you can't enforce

24 the judgment.

25 So we were stymied. The most we could do

Page 125 of 207 22

1 is just have it held so that Mr. Blunck didn't run out

2 and put it in a bank in South Africa or do something

3 else with it. And so the court just basically said,

4 We're holding all of, you know -- and we agreed. We

5 even said that Mr. Breeden didn't have to invest it or

6 do anything with it. He just basically was going to

7 hold title to it. And we were perfectly fine with that

8 because we just didn't want Mr. Blunck to do anything

9 with it.

10 But now all the appeals have been

11 discharged. There's nothing else he can do, at all, to

12 try and prevent the collection, as far as we see. And

13 so now we're moving to start to collect the judgment

14 because we're entitled to do it. And my client is

15 entitled to get -- you granted her $240,000 worth of

16 judgments to equalize the division of the estate. Some

17 of it is attorneys' fees. I think over sixty grand of

18 it is attorney's fees to Mr. Barrett.

19 Thankfully, Ms. Blunck has paid part of my

20 attorney's fees out of the money she got. She also had

21 paid Mr. Breeden some, but not all, of his fees. She

22 still owes him I think the 7,000 or 7,500 that the court

23 awarded today.

24 But she needs to be able to collect this

25 and move on and kind of put a little bow on this and

Page 126 of 207 23

1 bring closure to it.

2 THE COURT: The concept of having the same

3 person be receiver under both hats is not an issue, is

4 it? Because, conceivably, Mr. Breeden was representing

5 the court in the prior situation and would be

6 representing a party. So there's no conflict there, is

7 there?

8 MR. HAYS: No, sir. And he is actually

9 still also an arm of the court in terms -- because it's

10 an executive function that he's going to be performing.

11 And I actually think it is better to have the continuity

12 there because he's familiar with this situation, as

13 opposed to someone who would be coming in brand new, who

14 wouldn't be familiar.

15 I mean, he's been through a lot of

16 dealings with Mr. Blunck so far. And although he's not

17 going to have to deal with the same institutions

18 again -- I mean, he has been up to Pittsburg. And if

19 there is an issue, I think the way that he handled the

20 banks previously, he did a good job.

21 THE COURT: The final report from Receiver

22 is approved, the motion to pay the fees in the amount of

23 $7,800 is approved. Mr. Breeden is appointed as the

24 Receiver. That order is signed; that is, the Receiver

25 related to the collection under the living will --

Page 127 of 207 24

1 living trust, excuse me.

2 MR. HAYS: Your Honor, the court reporter

3 is telling me you may not have officially admitted my

4 Exhibit 2.

5 THE COURT: Movant's Exhibit 2 is

6 admitted. It's my understanding that was officially

7 admitted.

8 And the amount of $300 per hour is

9 approved as being probably under the fair market value

10 of what receivers are paid in these types of matters.

11 Anything else?

12 MR. HAYS: No, sir.

13 MR. BREEDEN: Your Honor, I'm going to be

14 signing up as Receiver, and he's ordered to produce

15 stuff at my office, is my understanding. I haven't seen

16 the latest version of the order. I mean --

17 (Sotto voce discussion between counsel)

18 MR. HAYS: May we be excused?

19 THE COURT: You bet.

20 (Proceedings adjourned)

Page 128 of 207 25

9 parties to be included in this volume of the Reporter's

19 /s/ Diana Vargas Diana Vargas, Texas CSR 5872 20 Expiration Date: 12/31/16 P.O. Box 404 21 Schertz, TX 78154 Telephone: 210-827-4164 22

Page 129 of 207 1

1 REPORTER'S RECORD VOLUME 3 OF 3 2 CAUSE NO. 11-1217

3 IN THE MATTER OF THE MARRIAGE ) IN THE DISTRICT COURT ) 4 OF ) 428TH JUDICIAL DISTRICT ) 5 TEDDE R. BLUNCK AND ) CATHY A. BLUNCK ) HAYS COUNTY, TEXAS 6 ________________________________________________________ 7 EXHIBITS 8 ________________________________________________________

9 I, Diana Vargas, Deputy Official Court

10 Reporter in and for the 428th Judicial District Court of

11 Hays County, Texas, do hereby certify that the following

12 exhibits constitute true and complete duplicates of the

13 original exhibits, excluding physical evidence, offered

14 into evidence during the proceedings in the above-

15 entitled and numbered cause as set out herein before the

16 Honorable William Henry, judge presiding, on February

17 9th, 2015.

18 I further certify that this Reporter's

19 Record of the proceedings truly and correctly reflects

20 the exhibits, if any, admitted by the respective

21 parties.

22 I further certify that the total cost for

23 the preparation of this Reporter's Record is $360.95 and

24 was paid/will be paid by Petitioner Tedde R. Blunck.

25 WITNESS MY HAND this the 11th day of February,

Page 130 of 207 2

1 2015.

3 /s/ Diana Vargas Diana Vargas, Texas CSR 5872 4 Expiration Date: 12/31/16 P.O. Box 404 5 Schertz, TX 78154 Telephone: 210-827-4164 6

Page 131 of 207 3

3 RECEIVER'S NO. OFFERED ADMITTED VOL. 1 Receiver's File-stamped 6 6 2 4 Motion

5 RESPONDENT'S/MOVANT'S NO. 6 1 Living Trust 15 16 2

Page 132 of 207 RECEIVER'S EXHIBIT 1

02-09-15

Page 133 of 207 FILED ·"· 1/14/2015 12:40:25 PM Beverly Crumley District Clerk Hays County, Texas

NO. 11~1217

IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § TEDDER. BLUNCK § 22ND JUDICIAL DISTRICT AND § CATHY A. BLUNCK § HAYSCOUNTY,TEXAS

MOTION TO APPROVE FINAL REPORT OF RECEIVER, FOR PAYMENT OF RECEIVER'S FEES AND EXPENSES, AND TO DISCHARGE RECEIVER

TO THE HONORABLE JUDGE BILL HENRY:

This report covers my activites as receiver in this case from and after the hearing held on

March 5, 2014, after which the Court entered its "Order on Motion to Release Property in

Possession of Receiver and for Clerk to Release Cash Bond to Receiver" which was signed on

March 18, 2014. At that time the Court denied the motion of Cathy A. Blunck to release

property in possession of receiver but did approve additional fees incurred by the Receiver and

for payment of the cash bond on file with the clerk of court for partial payment of my ft.:t.:s.

1. I did receive payment of $7,000.00 for the cash bond from the district clerk's office as

partial payment of my total approved fees in that order of $16,037.51, leaving a balance of

approved fees in the amount of $9,037.50.

2. Since the hearing in March, 2014, I only received sporadic emails from Ms. Blunck's

attorney regarding the status of the appeal in this case, along with a request to sign an affidavit to

be filed in the appeal, which I did sign and return to Mr. Hays. No fees are requested for these

Page 134 of 207 3. On December 11, 2014, Mr. Hays called me and advised that he had received the

mandate from the Court of Appeals tinalizing the dismissal of Mr. Blunck's appeal and that he

planned to file a motion requesting that I be discharged as receiver and that the 3 IRA accounts in

the banks in Pittsburg, Texas be transferred to Cathy Blunck. I advised Mr. Hays that based on

my knowledge of how banks operate that I felt strongly that no matter how his motion and order

were actually worded that the banks would require some kind of signature from both Ms. Blunck

and me in order to process transferring the accounts to her name and that it would be best, in my

opinion, for the court to order me to transfer the accounts to Ms. Blunck rather than having me

discharged and the order directing the non-party banks to transfer the accounts to Ms. Blunck.

Mr. Hays agreed with my position on how the order should be worded and advised that he would

file the motion the next day and request a hearing the following week.

4. On December 12, 2014, I received and reviewed the Motion to Release and

Transfer Property in Possession of Receiver and to Authorize Receiver to Submit Final Report. I

then sent an email to each of the 3 banks advising them that a hearing was scheduled for the

following week and that I anticipated that the Court would be ordering the accounts to be

5. On December 18, 2014, I appeared at the hearing on Cathy Blunck's Motion to

Release and Transfer Property in Possession of Receiver tmd to Authorize Receiver to Submit

Final Report. After hearing, the Court signed an order granting that motion and directing me to

transfer the 3 IRA accounts in various banks in Pittsburg, Texas to Ms. Blunck. I had previously

advised Mr. Hays, and advised the Court at the hearing, that I was available to go with Ms.

Blunck to Pittsburg, Texas the next day, Friday, December 19, to try to get all of the accounts

Page 135 of 207 transferred to Ms. Blunck as quickly as possible.

At the conclusion of the hearing I contacted the district clerk in Pittsburg to inquire about

a suit which Mr. Blunck advised during the hearing that he had filed in District Court in Camp

County and in which he anticipated seeking a temporary restraining against me transferring the

accounts to Ms. Blunck. The clerk sent me a copy of the petition which had been filed on

December 17 in Cause No. CV -14-2462 styled "Paulette M. Blunck, as Trustee of the Ted de R.

Blunck Living Trust v. Cathy A. Blunck." The original petition is styled ''Plaintiffs Original

Petition for Breach of Contract." The petition was signed by Tedde R. Blunck as attorney for

Paulette M. Blunck, as Trustee of the Tedde R. Blunck Living Trust." TI1ere was no allegation in

the petition relating to the receivership in this case nor is there a request for issuance of a

temporary restraining order, temporary injunction or pem1anent injunction. After consultation

with Ms. Blunck and Mr. Hays it was decided that Ms. Blunck and I would still go to Pittsburg

the next day and that in the event any type of injunction was issued and served on me or Ms.

Blunck that I would try to deal with the situation in person. I then advised the Court of the

situation and that in the event anyihing was served upon me the next day I might need to contact

6. On December 19, 2014, I left my house promptly at 4:00a.m. to begin the drive to

Pittsburg, Texas. Ms. Blunck had agreed to meet me at a shopping center right on 1-35 in Desoto,

Texas, so I could pick her up there and we could drive from there to Pittsburg with minimal

delay. I anticipated being able to make good time through use of state highway 130 to

Georgetown, Texas, and thereafter because of the early hour. Unfortunately I encountered heavy

rainstorms from just north of Georgetown to just north of Waco, with speeds reduced to a

.., J

Page 136 of 207 maximum of 60 mph and often less than that for long stretches. I arrived in DeSoto right at 8 am

and picked up Ms. Blunck and we arrived in Pittsburg at approximately 10:15.

We went first to Pilgrim Bank. The lady we were directed to was not anyone I had dealt

with before but she seemed to know about the situation and went to work immediately. She

called the bank's IRA department and the legal department and then advised us that everything

was good and she would have the paperwork done shortly. Based on her questions and statements

while preparing the paperwork it became apparent to me that the transactions the bank had in

mind were not what should happen. The bank intended to issue me a cashier's check for the

amount of the account, then have me deposit the check into an account in Ms. Blunck's name.

This was not appropriate for several reasons, one being that I as receiver had no ownership

interest in the account and should not receive any proceeds from the account, and another being

that such a transaction would presumably destroy the status of the IRA accounts under federal

law and incur taxes that should not be incurred. After lengthy discussions with the bank

representative, the IRA department and the legal department, I finally got across that the

transaction should be handled as if there were no receiver and the bank should simply close out

the account in Mr. Blunck's name and transfer the funds to an IRA account in Ms. Blunk's name.

We finished at Pilgrim Bank at approximately 2:15 p.m. and went across the street to

Capital One Bank. The lady I had dealt with previously there was not in and the employee

dealing with IRA accounts that day was from another branch but after conferring with the woman

I had dealt with previously, and senior bank official on hand, and conferences with IRA and legal

department, they agreed to handle the transaction the same way Pilgrim's Bank had. They had a

lot of paperwork to get approved so while they worked on that we went to First National Bank of

Page 137 of 207 Pittsburg. The bank president I had dealt with before was present and after quick conferences

with his departments, we got the paperwork started there. We then went back to Capital One and

finished up and then back to First National to do the same. We walked out of First National Bank

right at 5:30p.m. Had we not gone on a Friday when bank hours are extended tmtil 6:00p.m.

there is no way we could have finished all3 accounts.

When we left First National Bank of Pittsburg, the 3 IRA accounts had been transferred

to Ms. Blunck in an aggregate amount of approximately $656,616.01.

We then went to dinner, not having had a meal all day. We left Pittsburg at approximately

6:30 p.m. Ms. Blunck drove back to DeSoto so I could get some sleep before my drive back

home. We arrived in DeSoto at approximately 8:20. I then drove back to San Marcos and arrived

8. Ms. Blunck subsequently sent me a cashier's check in the amount of $9,037.50 for

payment of the remainder of my fees which had previously been approved by the Court.

9. The order of March 18, 2014 contained a provision entitled "Clarification

Regarding Accounts Under Control of Receiver", page 3, last paragraph of the Order. In that

provision, it was stated that the 41h account under my receivership was the Parsons Brinckerhoff

Group, Inc., 401(k) Retirement Savings account. I have not actually done anything in regard to

that account because Mr. Blunck told me at the March hearing that the money (approximately

$42,000.00) was still in that account and that he had no intention of claiming any of that money. I

also advised Mr. Hays that I was skeptical that I could do anything in regard to a 40l(k) account

because of the federal ERISA statute, which grants broad authority and immunities to plan

administrators and that given the amount of money involved in that account versus the IRA

s

Page 138 of 207 accmmts that my time would be better spent in dealing with the IRA accounts. In my humble

opinion the 40l(k) account should be govemed by a QDRO rather than a receiver.

REQUEST FOR PAYMENT 0~"' FEES AND EXPENSES

The Court has previously approved my hourly rate of $300.00 per hour. Time spent on

1. December 11, 2014- telephone conference with Mr. Hays .5

2. December 12, 2014- review of motion and emails to 3 banks .5

3. December 18, 2014- attending hearing and research on case in Pittsburg 2.5

4. December 19,2014- total travel and meal time 13.25

5. December 19, 2014- time spent at banks getting accounts transferred 7.25

6. January 7_, 2015 - review of file and preparation of this report 2.0

Total time through preparation of this report 18.75

3.5 hours@ $300.00 per hour for December 11 -December 18 $1,050.00

13.25 hours for travel on December 19@ $300.00 per hour $3,975.00

7.25 hours for time spent at banks on December 19 @ $300.00 per hour $2,175.00

2 hours for time spent preparing this report on January 7@ $300.00 per hour $ 600.00

Total fees requested if no hearing on this motion $7,800.00

Ms. Blunck has indicated that she will pay the fees approved by the Court. The allocation

of my fees as between the parties is to be determined by the Court and is outside the scope of my

role as Receiver. Should a hearing be required on this matter, I request that the Court award

additional fees for time expended at the hourly rate of $300.00 per hour.

Page 139 of 207 WHEREFORE, I request that the Court approve my final report, approve payment of my

fees, and discharge me from my role as Receiver in this case.

~£? x2: ,., ~J~~~ LEON BREEDEN . 120 W. Hopkins, Suite 102 San Marcos, Texas 78666 Tel: 512-396-2199 Fax: 512-754-7163 leonifvJeonbreeden.com State Bar No. 02940750 Receiver

I certify that a true copy of this document was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on January j ']/ , 2014.

~~€Ze#L Leon Breeden, Rece1ver

Page 140 of 207 MOVANT'S EXHIBIT 1

Page 141 of 207 \lOt 3 34 PAGE 601

TUJS AGBEM£NT.•OF TRUST is made and·eKecu:ted at Pittsburg~ Calllp County.

1'e:&as. on this the t;t;4-~day of December. 2012, by and between T¢dde R. Blun~ hereinafter tefen:ed to as '1 Settlor~'1 and Pap:lette M. B.lu,nck, hereinafter referred to as 1'Trustee," ofthis trust

known as tbe Te

WITNESSETH: WHEREAS, ·the SettlOr wisheS to ·eStablish a. revocable .trust by tratmerting the ·assets 9es~hed un··the attadled Sthedule A to the Trustee to bold an4 a:dmlnister upon the tenns and . . ...

· cqn{lit\onssmforth in this Tm$t Agreement; and

'\Y:Hlrt~AS•. $~m cqnte~npktttm that be·ruay} by inter vivos. document, transfer other

a$sets and pro~ to the Ttustee. t<> be added to the trust estate; and

WHEREAS. ®. Trtl$tee is Wilting ro hold and adntinister sucll pl'<}perty as she may ~ive.upcJn·the~s~ <»ttdfuQUS setfOrth mthls Trust Agretmem;. NOW~ 1~POJ't~ in comidetdort of the ·mutual covenants herein contained,. •me

AltTlCLEI~

Ta~·lftate

Settlor ha$ conveyed. transferred, and assigned and does by these presents convey,

.. . n¢retcr and macie a part. ~f. Such assets and properties shall be heJd, administered. and

·~nuted as a r.e\•ooabte,. amendab1e trust. subject to the· provisions hereof, fnr the ·uses and

purposes hereinafter set out. Settlor or any other person <1r peroons may by a written document

Paget of32

Page 142 of 207 <}"34. ~)' '-.- PAGE

.. or by ,a \VilJ~ or by naming the Trustee as beneficiary of life insurance or employee benefit plan

proceeds, deliver to the Trustee at any time and from time to time additional assets and

properties acceptable to the Trustee, which additional assets and properties shaH be held,

admmistered, and distributed pursuant to this Trust Agreement; The Settlor shall have the right

to use and occupy residential property owned by the trust created hereundet as the Settlor's

principal residence rent free and without charge until the death of the Settlor or until this Trust

Agreement is revoked or terminated, whichever occurs first~ Further, any such property {or any

interest therein) shall b~ acqtlired by an instrument of title that describes the property with

sufficient certainty to identify itand the interest acquired, and the instrument shallbe recorded in

the real property records of the county in which the property is located, This s~ction shall be

¢0nstrued in accordance with the Setdor's imentions to ·qualify such property· as the Settlor's

residential homestead for ad valorem tax purposes by causing the trust which owns such properly

to be a "qualifYing trust" as defined and .described in Section ll. 13G) of the Texas Tax Code.

This intention shall be overriding and shall control if it conflicts with the literal language ofthis

section." ARTICLE II.

Identification ofBeneticiarles

The. prim(lry beneficiary ofthis trust is the Settlor~ TeddeR. Blunck. ARTICLE III.

Revocability of Trust

This truSt is revocable during Settlor's life. Settlor shall have the power and right to

amend, modify or revoke. in whole or in part, this agreement or any terms or ptovisions thereof

bynotic.e in '\<\'titingdelivered to the Truste-e. Such anwndment, modification or revocation shall

Page 143 of 207 334 PAGE 603 be effective immediately upon delivery to the Trustee, except that changes \\1th respect to the

Ttusteeis duties. liabilities or compensation shall not be effective without the Trustee's written

consent. Settlor shall further have the power and· right to require and direct the Trustee to

distribute to Settlor or to any other person designated by Settlor any property or properties held

by the Trustee. hereunder. ARTICLE IV.

Distributions Whik Settlor IS Living

. lf during the life of Settlor there shail be transferred to the Trustee~ to be held in

accordance with the tenns of this Ttust Agreement, investment or income-producing assets, then

· so lmtg tlS Settlqr shall live, there shall be distrib;nted to. or for the bel)efit of Settlor so much of

the trust income and corpt:ISas Settlor shall from time to time direct in wdting. Initially and until

further wdtten notice from Settlor to the Trustee, the Trustee shall distribute to Settlor the net

·.. trUst ineom¢; In the event of the .incapacity of Settlor, ·then·notwithstanding any prior written

instructions to the contrary, the Trustee may distribute to or for the ben.efit of Settlor so much of

the truSt:· income and corpus as the Trustee shall detemtine, in· her sole discretion, to be necessary

· . and appropriatetoprovide forthe health; maintenanceandsupport·ofSettlor, Any·incomeuot so

distributed shall be added to cdrplls. The Trustee shalt for the purpose ofthis Article fV. be the sole. judge. qf Settlor's incapacity; no judicial· detern1ination shall be required and the Trustee . .

·shall incur.u.·. ·o liability to·any person whomsoever for making distributions to or for the benefit of . . .

Settlor~ upO.n tb:e Trustee's determination ofSettlor's· incapacity.

ARTICLEV.

DiSJ)OSJtion Upon Death. of Settlor

Upon the .death of the Settlor, the Trust Agreement shall be tem1inated and the Trust

Page 144 of 207 3 34 PA&E 60 11 dissolved and the entire trust estate shall be distributed; su~ject to the following provisions.

conditions and limitations, outright and FREE FROM TRUST to the heirs as stated in the

Settlor~$ Last.Will and Testament If Settlor does not have a Last WiH and Testament, the entire

trust estate shall he distributed outright and FREE OF TRUST to the heirs~at-law of Settlor. The

identity and respective shares of such heirs {as hereinafter defined in Article XI) shall be

detennined in all respects as if the death ofthe Settlor had occurred immediately follo\ving the

happening. of the event requiring such di~'tribution, and according to the laws of the State of

.Texas thenitl force governing the distribution ofthe estate of an intestate .

. ARTICLE VI.

(lene~al Provisions. Relatitig·.toTrust

All uf the provisions ofthis Article VI ate applicable to alttrusts and shares create-d by

this Trust Agreement.

A . Succession of Trustees~ The initial Trustee of the trust created by this Trust

. Agteerl1ent sh(;l}l be Paulette M. Bltmck. lf Paulette M. Blunck should fail or cease to serve as

;'fruste¢ for any reason, then Pauline L. Murphy shall serve as successor Trustee. If both Paulette

M. Bll.liick and Pauline L.. Murphy should fail or cease to serve as Trustee for any reason, then a . !fllccessor Trustee·shall ~·appointed in the n1anner and with the qualifications pursuant to the·

tenn$ of this Trust Agreement set forth in the paragraph .below entitled ''APPOINTMENT OF

SUCCESS,OR TRUSTEES''; B. Removal of TrtL

representative of Settlor in the case that Settlor is under legal disability) shall have the power to

.. tetl1ovcany.trustee and any successor trustees then serving and to appoint a successor trustee. If

a trustee is removed, such trustee must be t•eplaced by another trustee in the manner and with the

Page 145 of 207 PAGE 605 qualifications pursuant to the terms of this Trust Agreement set forth in the paragraph below

entitled"APPOINTMENT OF SUCCESSOR TRUSTEES;', Such removal shall be by a written

·doetnnent~ duly·· executed and acknowledged by the removing parties· and by the successor

trustee, and shall be filed in the Real Property Records of Camp County, Texas. The successor

trustee shall promptly deliver a copy of such recorded document to the trustee being removed

and then serving and the delivery of such recorded document shall immediately deprive the

·· .removed trustee of all powers .as trustee hereunder. No purchaser from or other person dealing

with any trustee is obligated to examine the County records and any such person shall be

.prote<:ted in all·transactions with any trustee, whether· or not any such replacement has taken

plac.e~

C. Resignation of Trustees. Any Tn1stee is authorized to resign by filing a written

· dooument, duly executed and acknowledged by the resigning. trustee, of record in the Real

Property ReCords of Camp County •. Texas. which flUng shall immediately deprive the Trustee of

aU powers as Trustee hereunder; provided1 nevertheles~, that at least thirty (30) days prior to

filing such document. the. resigning. Trustee shall give written notice thereof to the Settlor

(including the legal guardian or legal representative of Settlor; in the case that the Settlor is under

·· .legatdisability).

D. Appointment of Successor Trustees. If any trustee appointed or serving pursuant

to tbis Trust Agreement should fail or cea.se to serve as trustee for any reason and no trustee has

·been named h1 this document to serve as successor,·o:r ifau·successortrustees named.hereiu have

failed or cease

representative of a Settlor in the case that Settlor is tmder legal disability) shall have the power to

appoint,.as successor trustee, any national or state bank or trust company possessing trust powers

'"' ''""'''''''"'-'•~~- '·,-·• '' < ''·'- ·~•••·-· -~~~-~--·- ' • > V' o A'~' • ''M-••·---~----~"''~~~>='•• M<-•••••••~ ....... -~----·•

Page 5of32

Page 146 of 207 334 PAGE 606

and. having a capital, surplus and undivided profits of at least Twenty Million Dollars, or any

individualregardlessofdomicUe. Such appointment shall be made by a written document, duly

executed and acknowledged by the appointing parties. and by the successor trustee being

apppinted, and shall be. filed for record' in the .Real Property Records of Camp County, Texas. If

a successor trustee is not appointed as hereinabove provided, then a court of competent

junsdiction shall be requested to appoint a successor trustee '-\-ith the qualifications set forth

above. andthe costs associm~d with such a court proceeding shall be paid from the trust or trusts

fur which the suecessor trustee is appointed.

E. Rel~nguishment. of Powers. Any ·trustee may release or· relinquish any one or

more of any powers, rights. or privileges which, in the trustee's judgment. unless released or

relinquisbed,Jnight resultin adverse Consequences to the intst estate ot' any beneficiary because

ofchanges in law or interpretation of the law. Any such release or relinquishment shall be made

by a ~itten document, duly executed and acknowledged by said trustee, and shall be filed for

record in the Real Property Records of Camp Count)'~ Texas. After any power has been so

rel~ed ()f'Telinquishec!~ it shall never again be exercised by such trustee.

F. Compensatio11 and J3ond. Any trustee serving hereunder shall be reimbursed for

any and all expenses incurred while acting as trustee of the trust created pursuant to the

provisions: hereof, and in addition any corporate trustee shall receive fair and reasonable

cornpensatio!l· for services as .tn.tstee in·· accordance with the corporate trustee's regular fee schedules as published from time to time. No trustee serving hereunder shall be required to

furnish bond or any other. security~ aild all rights, powers~ authorities; privileges and discretions

herein coliferred up()n any trustee· aLtthorized to serve hereunder shall be· exercised without the

su~rvision of any court, it being intended that so far as. cart he legally provided the trustee

Page 147 of 207 PAGE 607 serving shall be completely free of all court supervision of any kind, including the requirements

of any accounting; provided, however, that the then serving trustee shall furnish an accounting to

any bene-ficiary or guardian of any benet'iciary ttpon reasonable demand made therefor .

.G. Powers and Duties of Successor Trustees.. .On the appointment and qualification

of any successor trustee, the same duties shall devolve on and the sanle rights, powers.

authorities, privileges; and discretions shall inure to such successor trustee as to the Trustee . ori~inally designated h.eteunder. AU rights, powers, authorities, privileges and discretions shall

be exercised without the supervision of any court. No successor trustee shall have any duty, responsibility, obligatiotr or liability whatsoever for the ·acts, defaults or omissions of any

predecessor truste.e. Any successor·trustee nanled herein shall be responsible only for the assets

d~livered by the preeerung tr:ustee, or his or her legal representative, and may accept as correct

the statements of such predecessor, or his or her legal representative, that these constitute all of the assets of the trust estate, without any duty to in,quire into the administration or accounting by

the preceding trustee. No successor trustee shall beheld responsible for.at)d by.reason of any act

oroinission ofa pred.ece'ssor in trust

H. Reorgm1i1.ation of anv Corporate Trustee. Any corporation or national or state

banking association that shall succeed to ali or the greater part of the asset') of any corporate :. .. . . . .

·. · trustee $ervit\ghereunder by purchasei merger, consolidation, or otherwise, shall succeed to all

the rights. duties, andftuictions ofsuch corporate trustee as trustee under all trusts governed by

this TrustAgreement for which the corporate trustee is then serving or may serve as trustee.

ARTICLE VII.

.9eneral Provisions Relating .to the Trust

A. Situs. of Trust. The trusts created herein shaU·be deemed Texas•trusts and shall, in

Page 148 of 207 aU re$pects, be governed by the laws of the State of Texas. However, if the Trustee. in the

Trl.lStee's sole discretion~ detennines that a change of situs would be beneficial to the purposes of

any separate trust established by this Trust Agreement, the Trustee shall have the discretion and

authority to change the situs of any such trust to another state. f'onnal notice of any change of

·situs :rp.ay be given by filing of record a ""Titten declaration in the Real Property Records of

Camp C

shaH, in all respects, be governed by the laws ·of the state which is the m:w situs. No such change

of sitUs sball be authorized herein, however, which would resultin a termination ofthe trust for

federal tax purposes.

B. Sm.all Trust Provision. Any ptovision of this Trust Agreement to the contrary

notwithstanding, any trusteet oth.er thart a beneficiary hereof, shall have the discretionary power

to terminate any separate trust created by this Trust Agreement whenever the continued

manag~ent tllereofis no longer economical because of the small size of such trust. taking into

.. consideration fmancial or other special advantages to the beneficiary or beneficiaries of

co,ntilluhtg the trust estate. Upon the termination of any ttust.estate, the then remaining corpus

cmd U1ldistributed jnc<>me shall be distributed outright and free of tn\St to tne Settlor, if living;

otherwise to the beneficiaries thereof, or to a custodian named for a beneficiary urtder a Unifonn Transfers to Minors Act, or to the beneficiaries' legal representatives in proportion to their

respective presu:t:nptive interests in the trust or share at the time ofsuch terr;uinatimi. Upon such

... distribution an(t.delivery, the sai4 ·trustor share shall terttiinate and the Trustee then serving shall . .

not be liable or responsible to any person or persons whomsoever for so acting. The Trustee then

serving shall not be liable for fai1irtg or refusing at any time to tenninate the trust or a share

thereofas: authorized by this paragraph.

Page 8 of3l

Page 149 of 207 ~$ 34 PAGE 60!) C. ,Merger of Trusts. If any time the Trustee of any trust created pursuant to this

' ' TmstAgreementshall also be acting as Trustee of any other trust created hereby, or by a Will for

the benefit of the same beneficiary or beneficiaries upon substantially the same terms and

, (X)nditiow., the then serving Trustee is authorized and empowered, if in such IhiStee's discretion

suchaction is in the best irrterestofthe beneficiary or beneficiaries of the trust created hereunder,

to transfer and merge aU of tbe assets then held tmder such trust created pursuant to this Trust

Agreemen~ to and with such ,other trust and there'\lpon:and thereby to terminate the trust created

,hereby; Sll<:'>h trustee is further authorized to accept the assets of the other trust which may be, , ,transfetre&to such trustee of the trust created hereunder and to administer and distribute such

,assets and properties so transferred in accordance with the provisions of this Trust Agreement. If

the componenttrusts ditfer as to contijlgent beneficiaries and the contingency· occurs, the funds

·. may be diStributed in s.uch shares as the trustee~ in the Trustee's sole discretion. shall deem

· necessary to create a fair ratio between the various sets of remaindermen. If any trust created in

this Trust Agreement is merged with any trust created under any other document, such merged

trust·. shall not continue lrey()nd the date. on which . the wliest rnaximurn tenn of the trusts . so

.. merged would, without regard to such merger, have been requited to expire. Settlor further

directs tha4 as to any property belonging to any trust estate at any time (inch.iding a merged trost)

. . as to wh:icb under the laws of any state applicable to said property that trust is required to be

terminated ~t any time prior to its nonnal termination date. the ttust as to that particular property .shall terminate at the time required by the laws of said. state. '.. .·p'rovts1on. ,Perpetmties .. Notwithstanding any other provisio11s of tllis Trust

····Agreement to the c<)ntr~y. any· trust herein .created, if· it has not previotisly terminated. shall

terminate tWenty-one (21) years after the death of the lastto survive of the Settlor and all the

Page 150 of 207 ,, ' ~Ut l) t_) ·4· 0 •) . nar:r fAu:;., s. .1'. ·o· lineal descendants of the Settlor living on the date of this Trust Agreement. Upon such

tertnination~ the remaining assets and property of the tntst shall be delivered and distributed,

.outright ~d free of trust. to the person or persons to. whom the. income of the particular trust may

be distributed at that time. If the income of a particular trust may be distributed to more than one

Pt'l':Son at that tim.~~ the then serving Trustee shall· divide the assets and properties between such

persons in such proportioJ1S between them as said Trustee shall determine, in the Trustee's sole

·dlscretion,.to bt;st calTY out the Settlor's intentions. as expressed in this docuniellt.

R ·Spendthrift ·Provision. No beneficiary shall have the right or power to anticipate,

bY assigntttent or otherwise; any income or corpus given to such beneficiary or any portion thereof;.· nor~ in advance of actually receiving the same, shall any beneficiary have the right or

power t{) sell. transfer, encumber or in anywise charge same; nor shall such inc-ome ot corpus. or

any portion of s!Wle, be subject to any divorce, exectition, garnishment, attachment, insolvency,

!:>ankruptqy or other Jegal proceeding of a1ry character, ot legal sequestration, levy or sale or in

· any event or trullll1er be applicable or subject; voluntarily or involuntarily, to the payment of such

ARTICLEVUI.

Powersoftbe.'trustee The Trustee shall have and may exercise the foUowing rights, powers .and privileges with

tespecno each trust created by this insttwnent, unless specifiealJy limited l:>y other provisions of this itistl'Ulllent:

A. ·n• ·· .tstti·b··· uttons. ·• The Trustee shall have full powet and authority to make all

p~itions. divisions and distributioits con~mplated by any of the provisions of this instrument.

Any partitions, divisions or distributions may be tnade by allocating assets and property

Page 151 of 207 L 334 PAG£ 611 proportionately in kind or by allocating undivided interests therein in kind. Any partition,

division, or distribution made by the Trustee in good faith shall be binding and conclusive on all

interested parties. .In the event that a beneficiary shall, in t.he opinion of the Trustee, be . .

incapacitated by reason ofage,.illness, or any other cause at the time of a particular distribution,

the.'frustee may apply the distribution for the benefit of such beneficiary in any manner that the

Trustee may deem advisable, whether by payment of such beneficiary's expenses or to any such

beneficiary, thelegat or natural guardian, the person having custOdy of such,beneficiary or any

· other person deen1ed suitable by Jhe Trustee, Should any property be distributable hereunder to a

minor person, the Trustee may make the distribution to a custodian for such person under the 'lJnifonl;l Transfers to Minors Act ofTexas or any other state.

R Consewatiop, of Trust •Properties. The Trustee may hold~ manage and ~onserve

·····any an~ .all pr()perties transferred·. to the trust and may take any action that the Trustee .·may deem

.necessary or appropriate, including the ·exercise of all rights .and powers that a prudent owner

would exercise in managing and conserving properties of a like kind.

C; wvestm¢ntin Secgritigs.. The Trustee may buy. sell or trade any security ofany

mtmre(inclt:.t.ding stocks, . stock tights, warrants, bonds, debe11tures~ notes, certificates of interest,

certificates of indebtedness and. options) or any other things· of value issued by any person, firm,

... association, trust. corporation or body politic whatsoever.

D. · Securiti~ and Margin .Acc,ounts. The Trustee may buy. sell .and· trade in

·securities of any nature, including covered and uncovered options on margin and, for such purposes.. may maintain and operate margin accounts with brokers and may pledge any securities with broker$ as security for loans and advances made to the Truste.e.

E. Investment in .Real Estate and Personal Property. The Trustee may, at such cost

Page 152 of 207 334 PA6E 612 and llPOn S\lCh tem1s as the Trustee may deem advisable, purchase or otherwise acquire real

estate and personal property of any kind and hold, manage i:lfid, conserve the same in whatever

manner :the Trustee may deem best; lease such property under a lease or leases to commence at

·onceor in the future and for any period of time, even though such period may extend beyond the

duration ofthe trust; renew and extend leases; partition, exchangt,\ release, convey or assign any

dght, title or intetest of the trust in any real estate or personal property owned by the trust~ plat

r{:al estat~ at1d lay outa11d dedicate streets; alleys and ways; and improve and erect. buildings on . . ..

~Y reaLproperty {in addition to or substitution for buildings at any time existing thereon).

F. .Investment ill Oil. Gas· and Other Mineral Interests. The Trustee may purchase. or otherwise a.oquite oil~ gas ·and other mineral interests;, leases, royalties;, overriding royalties,

produ"-'tion payments, oil payments. gas payments, net profit overriding royalties, and net prof1t

·. interestS; :gr~t, .make and release oil, ga

into development and drilling contracts; operating contracts and utilization agreements; make

artangeritents

and for secon~ry recovery projects, and exercise with respect to any and all oil, gas and other

rnineral properties all rights and powers that a prudent owner woutti have with respect to

pro~rties of alike 'kind.

G. ltwestment in Undivided Interests. The Trustee may, tor any trusts created under

this in~n.ent~ jointly hol4, manage and invest in one or more assets, properties or consolidated

·funds; in· whole or in· part, as the· Trustee ·may determirt.e. . As to each a.,o;se~, property or

consoli

·· of account, in which each trust shall be allotted its proportionate part of the principal and income

ofthe! asset, prope,ny or fund and .charged with its proportionate part of the expenses thereof. No

Page l2 of32

Page 153 of 207 PAGE 6-1 u *_).

such ho1ding shalt however, defer the vesting in possession of any estate created by this

instrument;

R Investment in Partnerships. The Trustee may purchase or otherwise acquire an

interest in any partnership conductingca lawful business, transfer trust property to any partnership

which will cortduct or is conducting. any lawful business, or become either a general or limited

partner or any such partnership.

I. Power to Organize .or Continue Business. The Trustee may continue any business

(Wllether a proprietorship, corporation; partnership; liinited partnership or other business. etiti ty)

whichthe.tntstmayown.orin which it may be financially interested for such: time as the Trustee

may deem to be in the bestintei-ests ofthe trust; employ in the conduct of any such business such

ca;:pitat out of trust as th~ Trustee may deem pn)pet; borrow money for use in any such business

alone or with other persons financially interested in such busil'less, and secure loans by a

mortgage~ pledge or any other manner of encumbrance of not only the tn1st's property and

·. inte~st in such business. bttt also such portion of the trust outside of such business as· the Trustee

.may deem,proper;organize•. ·eitber alone orjointly with. others, new corporations, partnerships.

·litl1ited p$'tiierships or ot}J.er business entities and convey to .it or them trust property or any part thereof~ and generally exercise with respect to the continuance,. management, sale or liquidation

ofa:ny busiQess which the trust niay own or in which it may be financially interested, or of any

... n~w htl$itl~s.Qt bU$iness i.nterest;all the rights and powers which a ,prudent.owner of any such

·business woUld have·.

J. Selection and. Retention of Investme!1!JS. Any property acquired by the Trustee

and •at any time constituting any part of the trust shall be deemed a proper investment, and the Tru~tee shall be under no obligation to dispose of or convert snell property. Investme.nts need

Page 154 of 207 not be diversified, may be of a wasting natme. and may be made or retained with a view to

possible increase in value. The Trustee may invest all funds available for investment at any time

that the Trustee may deem advisable in such investments as the Trustee may be permitted to

make pursitantto thetenns.heteof. The Trustee, unless otherwise herein specifically prohibited,

shall have as wide a latitude in the selection, retention and making of investments as an

individual would have in retaining or investing his own funds and shall not be limited to nor

·. bound

K. Holding 1'itleto Investments. The Trustee may hold title to investments in the

name.ofthe. Trustee or a nominee. If . the trusto\vns. asscts located in a jurisdiction in which the

Trustee cannot be authorized to act, then the Trustee may appoint any national bank authorized

to act in sueh jurisdiction as Trustee of such assets and confer on such Trustee any power as may

be necessary in the premises. but, in any event, such Trustee shall account for all net income

and/or netproceeds from the sale ofsuch assets to the Trustee acting hereunder.

L. General Powers.. The Trustee may sell, exchange; alter. mortgage, pledge or

otherwise dispose oftru~i: propetty; borrow any sum believed by the Trustee to be necessary or

desimble for Protecting the trust or any part thereo~ making any income or corpus payment or

· distribution, or for any other purpose which in the Trustee's opinion may be appropriate; pay all

i¢aso:tlable C"'-1Jef1Ses; ¢xecute ·obligations, negotiable and nonnegotiable; join in, by deposi1,

pledge. or otherwise. any plan of reorganization or readjustment of any investments of the trust,

and .vest in a protective committee or other legal entity such power as in the· Trustee's opinion

may be· desirable; and sell for cash· and/or credit all or any part of the trust property.

M. Power to Make Loans. The Trustee may make loans, secured or unsecured, in

suckamctunts~ upon such tertns, at such reasonable rates ofinterest, and to such persons, fittris or

Page 14 of31

Page 155 of 207 PAGE 615 COl}lorations as the Trustee may deem proper and appropriate; provided. however, that the

. Trustee shaH n.ot be empowered to make· any loan to any person. or corporation then serving as

·TrQstee hereunder.

N. Power to Vote Stock The Trustee may vote shares of stock in person or by

proxy. with or \vitbout power of substitution; exercise and perform any and aU rights, privileges

and powers inurmgto the holder of any .stock or security comprising at any time a part. of the

trust, .and exerci$e by agent or attorney ..in~fact any right appurtenantto any property or matter in

WhiCh the trust may be interested.

Q. Protection of the Trust Estate. The Trustee may protect, perfect and defend the

title to anytrust prOperty; sue and be sued; enfhrce any bonds, mortgages or other obligations or

liens owned by the trust; compromise~ arbitrate, or otherWise adjust claims in favOr of or against

tl1e trust; waive .or release. rigiJ.ts of any kind; and abandon .any property considered by the

T:rtisteeto be wotthless.

P* Notes•. Mortgages. and Foreclosures. The Trustee mayt at any time, reduce the

r'4.te of interest payable on any bond, note_, or other security owned by the trust; continue

.tnortgage& ttpon and after maturity, with or without renewal, or extend the sa.tne upon such term.s . . . .

as seem advisable to the Trcistee without reference to the value of the security at the time of such

ccmJmliMce; tnodify or release any guaranty or mortgage; as an incident to collection of any

bond or note. foreclose and bid in the property at foreclosure sale, acquire· the property. by d~ed

frol11 the Jliortg~g

Q. Insurance. The Trustee may carry such insurance coverage (in stock companies

or httlitttual companies),. including public Liability, pn)perty damage and life insurauce, for such

Page 156 of 207 PAGE 616 hazarcis and· in such amounts as the Trustee may deem advisable. With respect to lite insurance.

the Trustee may acquire life insurance on the life of any beneficiary or on the life of any person

in whom a beneficiary has an· insurable interest from any company in such amotmt and type· as

the Trustee may deem advisable, pay all premiums from either income or principal, and

designate as beneficiary the Trustee ofthe trust. With respect to all insurance policies held in the

trust estate~ unless the Trusti!e shall arrange for the automatic application of dividends in

. reduction· ofpremium payments, dividends shall be·treated.as a return of corpus· and applied to

the paylllentofst1ch preniiums. ·

R. Employ and Compensate Agents and Representatives. The Trustee may employ,

appoint, remove and compensate, out pfincome or corpus or in such proportion between income

and c.()1'pus as the Trustee may deem proper, agents or other representatives, including

acc{)untants, brokers, attorneys..at;.law~ attomeys,.in.:fact, investment counsel, investn1ent btokers,

· realtors, rental agents, geologists! engineers, and other assistants and advisers, as are deemed by

the Tru5tee to be helpful in the proper administration· of the tmst, without liability tbr any

. neglect, omissi()~ l11:isconduct; or default ofsuch agent or representative, provided such agent or representative was selected and retained by the Trustee with due care.

S. Establishand Maintain Reserves. Out of rents, profits~ or other income received,

the Tru$te~ n~ay s~t ~p reserves for taxes~ assessments, itis:urance pr~miums, repairs,

improvements~ depletion, depreciation, obsolescence and general maintenance of buildings or

other property~

T. ·Power to Dete1mine Income and Corpus. Stock dividends and·capital gains shall

·be·· treated as corpus. Except as herein otherwise· ·specifically provided, the Trustee shall

detennine in accordance with general principles of federal tax law the manner in which expenses

Page 157 of 207 are to be borne and receipts credited between corpus and income and what shall constitute

incoroe5 net.incometllldcorpus. In determining such matters~ the Trustee may give consideration

to~ butshail not be· bound by~ the provisions of the Texas Trust Code.

U. Liability of 'Third Party. No purchaser at any sale made by the Trustee or person

dealin,g ·with the Trusteeis obliged to see to the application of any m:oney or property paid or

deliveredlQ the Trt.tstee. or to inquire into the expediency or propriety of~ or the authority of the

Trustee to enter into and consummate! any transaction.

V~ Documents. The Trustee may execute and deliver any deeds, conveyances.

assigp,m~ts, leases, contracts, ~tock or security transfer powers, or any other written instrument · ofany character a.pptopriate to any of the powers or .duties herein conferred upon the Trustee.

W. Trai}S!}Stions with Beneticiar.ies and Fiduciaries; The Trustee is authorized to

.eritqr into· any transaction pennitted by this instrument,· even though the· other party to that

transaction is a beneficiary;. the estate of a, beneficiary; a trust. created by. or for the benefit of a

beneficiary, whether living or deceased; the estate of Settlor; a personal representative of any

estate. including that of Settlor; or a Trustee ·Of any trust, including the Trustee w1.der this

instrument acting individually; except to ·the· extent that the Texas Trust Code, as .amended, or

any successor Sta~te may expressly prohibit Settlor from authorizing any corporate Trustee

serving hereunder front engaging in any such transactioi1. The Trustee is authorized, but not

directed, to lend trust f®ds to the persona) representatives of the Settlor's estate upon such

.. s®urity and for such time and at such rate ofinterest as the Trustee, in its sole discretiol\ deems proper, and to purchase any assets from the personal representatives of the Settlor's estate for

such sums and on such terms as the Trustee may deem appropriate or proper; provided, however,

that th~ Tru,st¢e shaH be required to act in all such matters on the same basis as it would in

Page 158 of 207 PAGE 619 other policies or any benefit plans which may be rnade payable to the Trustee heretmder,

including, but not limited to, the following:

L The power, as provided in Article I above, to add the proceeds of any

other policies of insurance and any benefit plans to the operation of the trust by making

such policies and benefit plans payable to the Trustee;

.2. The tight to receive or· apply dividends or distributive shares of sut:plus.

disability benefits, surrender values or the proceeds of matured endowments;

3. The power to obtain and receive from the respec:tive insurance companit.·s

:Such advances or loans on account of policies as may be available;

4. The power to exercise any option, right or privilege granted in any policy

:or benefit plan;

5. The power to borrow on~ sell, assign or pledge any policy or rights under

•·I:Ulyhenefit plan;

6. The power to changethe beneficiary Of any policy or benefit plan;

7. The power to withdraw a policy or benefit plan from ~he operation of this

ttust In ord~r to exercise a reserved power or for any other purpose;.

g. The power .·tO· change the beneficiaries under this Trust Agreement, their ~ective shares and plans of distribution; and

9. The power to convert any policy of insurance intQ ·another Ionn or· fonns

It is the intent of the parties hereto that as to the life insurance policies listed on the

atta

insured Settlor subject to all loans andcharges·against such proceet;!s as may have accrued during

Page 159 of 207 ·'" 3 3·:~·it % PAGE 6'' (i IV;

such Settlor's lifetime. and the Settlor shall, during his lifetime, retai11 all other contractual

benefit.~, powers and options under such poH{..~es and benefit plan.

B. Dutv Regarding Policies and Premium Pavments.

1. Settlor's Duties. lt is tl1e Settlor's intention to pay all premiums,

asse$sttteots; or other cbarges necessa.ry to keep all policies own~ by them and payable

to the Trustee in force, but the Settlor shall be under no duty to do so and shall sustain no

liability to anyone if'Settlor should permit any policies within operation of the trust to

lapse for non-payment of premiums. assessments, or other ·charges. or othemi~ pennit

the policies, ot any of them, to become lUlco11ectible.

2. 1rustee's Duties. The Trustee .shan· be under no obligation~ during the

·Hfetime of the Settl(}r, to pay any premiums, assessments, or other charges necessary to keep the policies in force, nor shaH the Trustee be under any obligation to ascertain

whether the s~e have been paid, or to notify any person of the non-payment of

premiums. The Trustee shall keep safely all policies deposited wit4 the Trustee, and

sball. attherequest of the Settlor, execute such releases and other docunients a.c; shall be

required to pe:nnit the Settlor to exercise any options, privileges, or powers reserved to

the Settlor hereunder. .C. Trustee's Duties Upon Insure

death of.an insured Settlor,. the Ttu!)tee shall make such proofs of death as shall be required under MY policies. of insurance then within the operation of this Trust Agreement and payable to the

Trustee, and the Trustee shall receive such sums of money as shall be due to the Trustee under

the tetms of such policies ·of life insttrance, including double indenmity benefits, and hold the

same, In trust, tbr the uses and purposes hereinafter set forth. ·ro fac-ilitate the receipt of such

ZO of32

Page 160 of 207 PAGE 621 sums of money, the Trustee shall have the power to execute and deliver rec.eipts and other

documents, .to compromise or adjust disputed claims in such manner as the Trustee, in the

Tn1stee's sole discretion, nuty deem just, and to take such steps as the Trustee, in the Trustee's sole discretion, shall deem necessary and proper for collection thereof; prGvided that if payment

on any policy is c-ontested. the Trustee shall not be obligated to take any action for collection

. U111ess.and until theTrustee·shall have been indemnified to.the Trust~c1 S satisfaction·against any

··· ·loss, liability~ ·or expense1 including attorney's tees; an

the Trustee's sole discr'etion, use any fuiuis .in the Trustee's hands, whether corpus or income, to . .

pay the costs arid expenses, includiL1g attorney's fees, of bringing action for the collection of the . . - . ...

.,proceeds Qf any policy hereunder, and .the Trustee may be .reimJmrsed for any advances made for

such purp.oses. Upon paymentto the Trustee of the amountS due under the policies ofinsurance

p(}yable hereunder, the insurance companies issuing sttch policies shall be relieved of all further

liability hereunder, and no such insurance company shall be under any responsibility to see to the

{le.rf'ormance ofthe trust c~eated hereby.

To the e.xtentpennitted; the Trustee shall have the right to negotiate and receive proceeds

from en1ployee benefit plans in any manner the Trustee may deem prudent and consistent with

1he taX (estate, geiieration..skipping, income, and other) and other objectives of ·any trust

established hereU1lder and its beneficiaries; provided.; however, if such proceeds would be

···otherwise ~empt from federal estate taxes in. whole or in part, the ·Trustee. shall not elect to

receive,·use~or·expe.ndsuchotherwise exempt proceeds in such a·manneras·\\ill subject.them to

fedet:

representative ofSettlor's estate.

AR.tlCLEX.

.. . ··················-~ .. .... - .. -~-Page 21 ~f-32

Page 161 of 207 Acc::c.p;tance bv Trustee

The Trustee by executing this Trust Agreement hereby accepts the trust created by this

1'1'Ust Agreement and covenants to faithfully discharge aU duties of the Trustee hereunder.

ARTICLE XI.

l),~fhtitions and G~n,m;atProvisioll$

Tbe following definitions and provisions are applicable to this TmstAgreement: A Children and DescendantS; The terms 11 child, children, descendantS, issue" and

similar tenns shall be deemed ortly to include children born to, or adopted (on or before eighteen

years ofa¥e) in, a lawful· marriage. A posthumous. child shall be considered as living at the death of hi-, ,parent.

B. Heirs, The "heir$" of a person shaH include those persons who would ha:ve

· inherited the personal, property of a deceased person had such .deceased person died intestate at

the time of such distribution. unmarried and domiciled in Texas, under the laws of the State of

Texas then in force, taking shares as prescribed by such applicable laws.

'C. Beneficiat;y. A "be11efi:ciacy'' is a pet'SOtl who is entitled to distribution assets

lle-reundc.r. AtiY pers<>n,who is prohibited by law from inheriting property from my estate shall

··be treated as having failed to survive iue.

D. Trust. Except as provided otherwise by the context of this. document, the \vord

"tt'U$t•i ~ .Xsed heteifi shall include any al14 ~ trusts cr~ted hereunder.

R 'frust Estate. The tem1 "trust estate'' means all assets, however and whenever

.acqutred, including income, which may belong to a trust ·at any given time.

F. Irustee. The term 'Trustee'~ shall include within its mea11ing any trustee and all

tniste¢s sewing from time to time .hereunder and shalL refer both to the original Trustee and to

Page 22 of 32

Page 162 of 207 3 34 PAfif 623 any successor or subStitute thereof.

G. Code. The term "Code" refers to the Internal Revenue Code of 1986, as amended,

and corresponding provisions of any subsequent federal tax laws.

H. Other.Tenns. The use of any gender· includes the other genders; and the use of

either the singular or the plural includes the other.

ARTICl~E Xll.

TI1is Trust Agreement shall · extend to and be binding upon the heirs, executors,

administrators~legal representatives and successo~, respectively, of the parties hereto.

ARTICLE.Xlll.

Cap~ion$ NP.t.Int~rnr.dive.

The captions that have been used to designate the various articles, paragraphs and

suhpam.graphs in this Trust Agreement are solely for convenience in reading and ease of

ref~.rence and shall not be construed in any event or manner as interpretive or lhl}iting the interpretation of the same. .'i{ .IN WITNESS WHEREOF, this Trust Agreement was executed on this the !L f -day

~t{t4k: ' 2012 •

•. ~.~~£~·. Blunck~ TeddeR. ·

Paulette M. Blunck. Tmstee

Page 163 of 207 624

STATE OF TEXAS § § COUNTY:OF CAMP §

BEFORE ME. the undersigned authority, in and for the State of Texas, on this day personallyf,!.ppeared Tedde R, Blunck, in his capacity as Settlor, known to me to be the person . w)lose nan1e issttbs.cribed>to the foregoing instrument; and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated.

GIVEN· UNDER MY HAND AND SEAL OF OFFICE on this ·the· f~ ~. .day of December, 2012.

IV I;I"' Notary Public, State ofl'exas

STA1'E OF TEXAS § § ··· CQUNT\' OF CAMP §

. B·EFOQE ME; the undersigned authority, in and for the State of Texas, on this day . Jl¢J'sonally appe~ed Pal1lette M.. Blunck, in her capacity as Trustee, known to me to ~ the ·. person whose name. is subscribed to the for~going instrument, aiJ.d acknowledged to me that she executed the, same for the purposes and consideration therein expressed and in the capacity · .. therein . . . .stated. .. . . I

GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the {) L{ . day of OE$ember~ 20:12. ·

Page 24. of3.2

Page 164 of 207 PAGE 625 SCllEDULEA

To Tbe Tedde ,R. Blunck Living Trust

Dated: December~, 2012

lnitial Assets: AU ofSettlor's interest i.n and to the following described properties:

!mAL PROPERTY: ·Pa.rcel#l Address~ · 1347 County Road 4510, Pittsburg~ Texas 75~686 LegatDescription: ABS A060 Mary Hayes. Tra¢t, 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)

.· B};(NG :a tract of land situated in the MARY HAYS SURVEY ABSTRACT NO. 60, Camp County, Texas and beit1g the remainder of a tract of land eonveyed to E. B. McCaslin by deed recorded in volmne 191 Page 415 Deed Records Camp County, Texas, and being more particularly described by metes and bounds asfollows:

BEGINNING at a point fot the Southeast corner .of this tract on the centerline ofCouniy Roaq Nn. 4510! satue being the Northeast corner of a tract of land conveyed to F. M. · . . Jon~byaeedreeordedin volume 22 page 286 DeedRecordsCamp

Page 165 of 207 PAGE 626 Texas and continuing for a total distance of 2187.00 feet to a point for corner in said creek. same being the Southwest corner of a tract of land in the name of P. L. Nolen et al}(Q.o ·r~cording data)•. 3. North 48 .degrees 55 mi:outes 32 seconds F:.ast along the common line between said MpCaslin and Nolen tracts for a distance of 61.73 feet to a point for comer in said creek. 4. South 54 degrees 55 minutes 32 ·seconds East along the common line between said McCaslin and Nolen tracts for a distance ot2 34.56 feet to a point for corner in said creek; 5. North 55 degrees 17 minutes 22 seconds East along the common line between said. · Mc::Caslitl and Nolen tracts for a distance of 300.86 feet to a point for corner in· said creek. ···6~ THENCE South 87 degrees 51 minutes 39 seconds East along the common line between said McCaslin and Nolen tracts fol' a distance of 121.10 feet to a point for cornet in said creek .1; THENCE North 60 degrees 17 minutes 00 seconds East along the common line ~tween said McCa;slin and Nolen tracts for a distance of 83.25 feet to a point for comer in saictcreek. · :8. North 73 ·degrees 43 ·minutes 49 seconds East along the· common line between said MeCasiin and · Nolen tractS tor a distance of 48.00 feet to point for corner 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 of218~71 feet to a point for comer in said creek. I 0. North 11 degrees 55 iminutes 04 seconds West along the commotdine between said McCaslin and Nolen tracts for a distance of 65.38 feet to a point for corner in said creek• .· TL North 08 degrees 50 minutes 00 seconds East along the oommort lirie between said McCaslin and · · Nobm tracts for a distance. of 112~06 feet to a point for corner in said creek. ··12... South 60 degrees 39 minutes 07 seconds East. along the common ·line. between said McCaslin and . .

. Nolen tracts fot a distcl.nce of 201.50 feet to a point for corner in said creek ···. lS. North 8S degrees 46 minutes 22 seconds East along the common line between said McCaslin and Nolen tracts for a distance of 21,50 feet to apoint fbr comer in said creek, saJjle being a point inthe\Vest line of a tract ofJandin the name of H. Stephens, (no recording data) . •tHENCE. South 19·.. degrees 48 minutes 58 seconds East along the common I ine between sttid 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 recotding data). and a tract of land. conveyed to E. R. McCaslin and Myrtle McCaslin by deed recotded 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. THENCE North 70 degrees 11 minutes 31 seconds East along· the common line

Page 166 of 207 L ... :334 629 point, :a% inch iron rod found, bears North 69Degrees 03 Minutes 27 Seconds West, a distance of 64;()0 feet;

THENCE South 69 Degrees 03 Minutes 27 Seconds East, with the South line ofsaid State Highway No. ll, a distance of 60.38 feet to a ~ inch iron rod set with a yellow plastic cap stamped {CBG INC) at the Northwest COtner of a tract of land once conveyed to Mollie Thomison by Warranty Deed as recorded in Volume 051 ~ page 165, Deed Recordst Camp- County, Texas. from said point, .a % inch iron pipe found. bears ·North 12 D~es.53 Minutes 11 Se®nds West,adistanceof0.9$ feet;

THENCE South 12 Degrees 53 Minutes U Seconds West, with the West line of said Thomison tract, and passing the Southwest comer ofsaid Thon1ison tract, and a Northwest co1:11er ·of the remainder of a called 1~1/4 acre tract conveyed to Camp Councy;.City ofPittsbutg, Texas, by Warranty peed; as recorded in Volume 122, page- 483,,. I)eed R(foord$, Camp County. Tex~s.•· @.d continuing oil for. a total distance of :28136, feettQ a ~ inch iron rod set· wit:h a yellow plastic cap stamped (CBG INC). at the Eastern mos.tNortheast corner of a call¢

THENCE North 71 Pegrees 36 Minutes 01 Se.conds West, with a North line of said 0.253 acre tract. a distcmce of 100;00 feet to a Yz inch iron rod set with a yellow plastic cap stamped (CBG INC) at an ell comer of said 0.253 acre tract; . ..

THENCE North 20 Degrees 54 Ivtinutes l6 Seconds East, (Reference ·Bearing), with the ··m1 East line of said 0.253 acre tract~ and passing at a distance· of 11.29 . feet; a •!.6 inch iron rod found. With -a.·red plastic cap -stamped (S&A) at the Nortbel1l most Northeast corner of said ,0.253 acre tract, and the Southeastc:orner of the remainder of sald''0.623 acre tract. ·an'd continuing on for a total distance of 285.00teet to the t>O:INT OFBEGINNINGandCONTAINING 22,707square feet or 0.52 acres ofland, more or less.

ALL IIQUSitiiOLD ·FU~lTURE,. FURNISHINGS, FIXTURES, GOODS,. ART QBJECTS, COLJ..ECTIBLES, APPLIANCES, AND EQUIPMENT OWNED BY sE·rn:.QR · ·MOTOR.VEHlCLF..S:

Vehicle#l Description: 2008 Ford F-150 Lariat, vehicle identification number lFTPWl4V88FB48320

Vehicle.#2 Description: 2012 Ford Escape, . vehicle identification number

Page 167 of 207 334 PAGE 6:JO 1FMCUCEG7CKA65259

Vchicle#3 Description: 1976 Bethany Citation Travel Ttailer. vehicle identification number BF1lllCPB4.640 15

CASI1 IN BANKS:

Account#l lnstitt1tion: First 'NationaLBank Ac()ounl type:· Checking Account AccQl.lnt!CD#: 503108466 . . .

-Rrst~fttien(t) 9~m ~-~- CB .t\ae(nmt~··. ~tiunten! •··· . . ~: ln

~.cou.nt #J - lfiSti:ttliem. . -~ . A'0~trtfl'et. · 1ri

i\e®Uflt #4 -~_·.

A:e~: · . ·_G~pittH eae ,s~ · · ifttltv~ual Rtetire~ Aeeetmt 't ..~

·. .. . ... ; ... · ·c:e··_··· ···fl!:;.' .· ... ·

·M'e~tt@D•#t .·431523~

·p<>Jicy#I Insurer~ .· LibertY Life ·· Policy#: '6268

·Policy #2 ·. :ln8ilter: West•Coast Life Policy#: 2817

Po1icy'#3 lllsurer: · Mass Mutual ·... Policy#: 5310

EMPLOYEE ltETIREMENT PLANS!

!~m#l ~f{:; P/3 Des~~ • ~ .R: Bi!fielf's a~ irt· PttBaMi BrimJ.kee£1' lftG. j,~~

.. .. . - . . ·t&;i&i

Page 168 of 207 Qif~!il ·compeitiatio~a Bla~a (DCC»G l~, c/Q ~r R.Gw.e Pl'ic~, arisiag oot g£ +eEW$ .Rv · 1hJ> ]jl)~ Mtp.le~ ·nita Pat:seas 8fli~Gkedtetl¥ lae, te a& tlai4.JedEle. R. Bh1ttek Q/3 ig ~tigi'Oie f'>r £hnds •vitlukawal aaG ;wtuall~c :p~d. . · .· · ·

kem@ .. +)eseription: +ss

ltem#S ·· .. ·· .. .. . · JJ~sGriJ?~iel:n :J7e46~ R.. ~~~~·s reti~• ee~ ifl .P~eas 8finekerheff ~4 ..~.~ . ·.~~- 40.l~&et.·ff@~lt Si .... av.I~.Plan~ c/o.. T. &ov,~Pnc~, aRsmg g,yt ofThdaG.. R. :· )/). lillli~Qikts ~VAthlla«;g BB~rl4&ff~ me. · .0 MJSCELLANEOU$: ·

Item #1 I)e§Cription: .ALL Gl.JNS~KNlVES~ ARCHBRY EQUIPMENT AND AMMUNITION OWI'i1ED BY SETILOR. ltem#2 D~scriptioil: ALL ENGINEERING AND Sl.JRVEY1NG EQUIPMENT OWNED BY SETI"LOR.

ltero#3 BUSINESS FURNITURE~ COMPUTERS, Desct:ipti.on: ALL BUSINESS EQUJl>MENTAND SUPPUESOWNED BY SETTLOR.

Item.#4 Dy59ription: . ALL TOOLS; EQUIPMENT AND OTHER PERSONAL PROPERTY . OWNED BYSETfLOR. . .

Item#S ··.•l:)escriptipn: ALL CLOTHING. JE\VEU~Y. AND OTHER PERSONAL EFFECTS OWNED BY SETlLOR. . .

··ltern#6 .. . . {)escriptiott: ALL HlJNTING TROPHIES ANn PRIN'TSOWNED BY SE1i'LOR.

item #7 O~s.¢ription: PROCEEDS FROM THE NOtES RBCEIV ABLE FROM. RICHARD AND VANESSA ANTOINEAND·BEAU SHAFER. .

Page 169 of 207 !J~ 33 4

iiie'rcaae-:a. alunokLiviii!itruii ·· ··· . . ·· · ··· ··

Page 170 of 207 ;·-,;

'1\,L 334 PAut 633 --;;,•l.f' '>""':;···.. ~ 0

THE STATfOF TEXAS . , ·~ EV!tt#E YOUNG, COUNTY ClERK ,CAMP COUNTY, TEXAS .~ _'.4& t!eij!t»t: Mmify that the foregoing instrument of writing ytlth its fat record in my office on the 1.1 day of . ' · A.D. 2012 .M: z~uly recorded

Page 171 of 207 MOVANT'S EXHIBIT 2

Page 172 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 1 of 35 B6A (Official Form 6A) (12/07)

In re Tedde Robin Blunck Case No. ..:.1.::.3·-=2:::.01.:..:2:.:9:._.._ _ __ (if known)

SCHEDULE A - REAL PROPERTY

Real property in Hays County Fee Simple c $515,000.00 $388,440.00 Less than 10 acres of real property and improvements located at 1152 Little Bear Road, Buda, Hays County, Texas, subject to Cathy A. Blunck's right to exclusive use of the property pending payments of funds byTedde Blunck (100% of mineral rights)

Legal: Lot 9, Block C od 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 Records of Hays County, Texas

Debtor's homestead (Camp County) Equitable Interest H $650,000.00 $428,648.00 406.93 acres of real property with improvements loeated at 1347 CR 4510 Pittsburg, Camp County, Texas. (100% of mineral rights)

Legal: ABS A060 Mary Hayes, Tract, 41-5000, 406.93 (+1.55 AC in Rd.) acres, Camp County, Texas (containing 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 of land situated in the MARY HAYS SURVEY ABSTRACT NO. 60, Camp County, Texas and being the remainder of a tract of Ia rid conveyed to E. B. McCaslin by deed recorded in Volume 191 Page 415 Deed Records Camp, County, Texas, and being more particularly described by metes and bounds

Orlanda, FL time share Time Share H $20,000.00 $0.00

Page 173 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 868 (Official Fonn 68) (12107) Document Page 2 of 35

In re Tedde Robin Blunck Case No. ..:.13:::.:·:::2=..01.:.:2:=:9:_.._"'"""7"_ __ (if known)

SCHEDULE B - PERSONAL PROPERTY

Checking, savings or other finan- Cypress Bank (IOLTA account) $0.00 cial· accounts, certificates of deposit Pittsburg, Texas or shares in banks, savings and loan, thrift, building and loan, and home- Cypress Bank, checking xxxx8152 $286.00 stead associations, or credit unions, brokerage houses, or cooperatives. Cypress Bank; checking xxxx2980 w $7,374.29 (funds comingled with debtor's)

3. Security deposits with public util- ities, telephone companies, land- lords, and others.

Household goods and furnishings, stove $100.00 including audio, video and computer microwave $50.00

$300.00

washer/dryer $200.00

silverware $50.00

$750.00

lawn furniture $50.00

lawn mower $350.00

$50.00

DVR $50.00

Page 174 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6B (Official Form 6B) (12107)- Cont. Document Page 3 of 35

In re Tedde Robin Blunck Case No. ~1~3-::!:2~01~2:_::9~----­ (ifknown)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 1

$200.00

$100.00

$500.00

$450.00

Books; pictures and other art lobjec1ts; antiques; stamp, coin, record, tape, compact disc, and other IC01llec:tio1~S or collectibles.

$1,000.00

. Furs and jewelry. $2,500.00

Fireanns and sports, photo- Belgium made Browning Nomad, 6 3/4" barrel, semi- $400.00 and other hobby equipment. ••n~n<>•••r 221ong rifle caliber, S/N 69196P6

mith & Wesson Model17-3, 6" barrel, 6-shot double $450.00 revovler, 22 long rifle caliber, SIN SK1 0201, G12

& Wesson Model19-3, 6" barrel, 6-shot double $500.00 revolver, 357 magnum caliber, S/N 9K64937

& Wesson Model 29-2, 8 3/8" barrel, 6-shot double $650.00 revolver, 44 magnum caliber, S/N N602213

11-1.,............ & Kock Model USP Compact 9mmx19, semi- $750.00 9mm caliber, S/N 27-050428

Page 175 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 868 (Official Form 68) (12/07)- Cont. Document Page 4 of 35

In re Tedde Robin Blunck Case No. ..:.1=.3·:::2=.01.:..:2::::9:..___ _ _ __ (if known)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 2

ITh,nm'n"'"' Center Contender, single shot, .357 Herrett $900.00 caliber, SIN 108086, two barrels, one with iron sights and one with Leupold 2X scope

Model4510 3" Stainless Steel Barrel, .410 & .45 $600.00 , S/N CV883961

$350.00

Model19 9mmx19, semi-automatic, 9mm caliber, $500.00 SIN BY6096

Buddie Arms Double Duce 22 long rifle 2-shot Derringer, $250.00 S/N 15918

Ruger LCP Model 03701 semi-automatic 380 auto caliber $500.00 378-46340 with LazerMax sight

S&W 460 Model Whitetails Unlimited 1 of 100 Texas Model $1,500.00 W1U1071

InterArms Model Mark X Alaskan, 375 H & H Magnum $1,200.00 bolt action, S/N B203486 with 2x7 Redfield !Widefield Accutrac scope with Redfield mounts

Remington Model700 BDL, 270 caliber, bolt action, S/N $1,000.00 9 with 3x9 Redfield Widefield Accutrac scope with 1RotifioJti Mounts

Model10/22 Cabrine, 221ong rifle caliber, semi- $500.00 SIN 231-79409 with 4x Weaver scope with '/\'""""'~• mounts

Page 176 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 868 (Official Form 68) (12107)- Cont. Document Page 5 of 35

In re Tedde Robin Blunck Case No. ...:.1~3-~2~01,.:..:2~9:....___ _ _ __ (if known)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 3

Arms Inc. Golani Sportster, .223 caliber, two 35 clips and one 50 round clip, S/N GLN03854

AR-15, A2, 223 Caliber Government Cabrine SIN $2,500.00 1 with AimPoint Como ML2 4MOA, Model1 0338, S/N 16, three 20 round clips and one 50 round clip and light Tactical Illuminator Model M3, no S/N rifle, n"""'n''"' and Illuminator

IRc•.n;.,nt....n Model700 BDLEngraved, 300 Winchester $1,600.00 bolt action SIN E6478948 with 4x12 Bushnell l~nnrt"'i<>UJSCOpe S/N 74-0412-0

IS::~•vAr1F! Arms Model19530 Axis XP 243 Winchester caliber, $500.00 action, S/N H493953 with 3x9 Bushnell Scope S/N 76

Garno Bone Collector Bull Whisper 4.5 (.177) Caliber $250.00 Rifle S/N 04-IC507916-11 with VFLC 4x32 Scope SIN 1711F

Yugo Model7.62x39 Nato Round C.A.I. Georgia, VT, $350.00 J::;tciCI<-Kuaue Vuto 1992-S/N 062531

$225.00

Model12,2 314" chamber, 12 gauge, pump, $1,000.00 choke, S/N 1761819

Winchester Ducks Unlimited Model1300, 3" chamber, 12 $500.00 pump, ventilated rib, Winchoke with improved cylinder, modified and full chokes, SIN L3142933

IWin,.,h.o<:t•<>r Model 50, 2 3/4" ~hamber, 12 gauge, semi- $500.00 automatic, full choke, S/N 55844

Page 177 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 868 (Official Form 68) (12/07) - Cont. Document Page 6 of 35

In re Tedde Robin Blunck Case No. .!1~3-:!:2~0~12~9~----­ (if known)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 4

$1,200.00

made UCN X12, 3" chamber, 12 gauge, pump, riot $300.00 with heat dissipater, black matte finish, 19" barrel, improved cylinder choke, nylon sling, SIN 03 02717

Remington 870 Magnum 12 gauge pump, 3" chamber, $500.00 invector choke, extended magazine, SIN V550259M with Simmons 4x32 Prodiamond shotgun Scope with Weaver mounts and Tasco side plate

,...,c;:nrort Model2746, 2 314", 3", & 3112" chamber, 12 $750.00 over and under, 28" barrel with variable choke, improved cylinder, modified and full, engraved barrel, receiver and forearm, manufactured by Armi Techniche Emilio Rizzini, Marches, Italy, SIN 58085

Pelican 2 gun hard sided case $300.00

3 Plano 2 gun hard sided cases $300.00

8-Soft long gun cases $300.00

Knives, game calls, holsters & ammunition $3,000.00

PSE Firestorm Lite Bow wlquiver stablizer, sights, whisker $500.00 biscuit, case and 5 dozen aluminum arrows

PSE X-Force HF wlquiver, stabilizer, sights, whisker $1,550.00 biscuit, case and 2 dozen Axis arrows

5 dozen Silver broadheads, 4 dozen Muzzy broadheads $300.00

Page 178 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6B (Official Form 6B) (12/07)- Cont. Document Page 7 of 35

In re Tedde Robin Blunck Case No. .!1=.3-:..=2~01.!.!2=.!9~----­ (ifknown)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 5

9. Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each.

10. Annuities. Itemize and name

12. Interests in IRA, ERISA, Keogh, Parsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMPI) $78,104.00 or other pension or profit sharing plans. Give particulars. Parsons Brinckerhoff Inc. Exec Def Comp Plan (DCOMPII) $120,816.00

IRA- Rollover (FNB Pittsburg, Texas) $236,657.03

.RowePrice 401 K $40,120.25

IRA: Pilgrim Bank of Pittsburg, Texas $210,000.00 acct. no. xxxx865 (estimate)

IRA: Capital One Bank $229,000.00 accountno.xxxxxx474 (estimate)

13. Stock and interests in incorpo- rated and unincorporated businesses. Itemize.

Page 179 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 868 (Official Fonn 68) (12/07)- Cont. Document Page 8 of 35

In re Tedde Robin Blunck Case No. .!1~3-:!:2~01!.!2~9:__ _ _ __ (if known)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 6

14. Interests in partnerships or joint ventures. Itemize.

15. Government and corporate bonds and other negotiable and non- negotiable instruments.

16. Accounts receivable. loan balance from Beau Shafer ·~•~"_.;,,,., $14,500.00 owed on note secured by Jeep)

receivable from Richard and Vanessa Antoine $45,000.00

17. Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars.

18. Other liquidated debts owed to debtor including tax refunds. Give particulars.

19. Equitable or future interests, life lti:>'Lc:ne,::~. and rights or powers exercis- able for the benefit of the debtor other those listed in Schedule A- Real Property.

20. Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust.

Page 180 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6B (Official Fonn 6B) (12107)- Cont. Document Page 9 of 35

In re Tedde Robin Blunck Case No. .!1~3-::!2~0:.!.12~9~----­ (ifknown)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 7

21. Other contingent and unliqui- dated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each.

22. Patents, copyrights, and other intellectual property. Give particulars.

Licenses, franchises, and other intangibles. Give particulars.

24. Customer lists or other compilations containing personally identifiable information (as defined in 11 U.S.C. § 101 (41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes.

25.Automobiles, trucks, trailers, 1976 Bethany Citation Travel Trailer $2,000.00 and other vehicles and accessories. 2007 Ford Expedition $12,000.00

2008 Ford F-150 $15,000.00

Ford Escape $21,000.00

Boats, motors, and accessories. Duck Boat, Motor, and Trailer $5,000.00 to Debtor; in possession of former spouse)

. Aircraft and accessories.

Page 181 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6B (Official Fonn 6B) (12/07)- Cont. Document Page 10 of 35

In re Tedde Robin Blunck Case No. .!1~3-:!:2~01~2=9~----­ (ifknown)

SCHEDULE B - PERSONAL PROPERTY Continuation Sheet No. 8

28. Office equipment, furnishings, $100.00 and supplies. $1,000.00

office equipment $50.00

Machinery, fixtures, equipment, supplies used in business.

.Inventory.

31. Animals.

32. Crops- growing or harvested. Give particulars.

33. Farming equipment and implements.

34. Farm supplies, chemicals, and feed.

35. Other personal property of any kind not already listed. Itemize.

8 continuation sheets attached Total > (Include amounts from any continuation sheets attached. Report total also on Summary of Schedules.)

Page 182 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 11 of 35 B6C (Official Form 6C) (4/13)

In re Tedde Robin Blunck Case No. ...:.1=..3--=2=-01.:.:2=9:___ _ _ __ (If known)

SCHEDULE C - PROPERTY CLAIMED AS EXEMPT

Debtor claims the exemptions to which debtor is entitled under: 0 Check if debtor claims a homestead exemption that exceeds (Check one box) $155,675.* D 11 u.s.c. § 522(b)(2) ~ 11 u.s.c. § 522(b)(3)

Debtor's homestead (Camp County) Const. art. 16 §§50, 51, Texas Prop. $221,352.00 $650,000.00 406.93 acres of real property with Code§§ 41.001-.002 improvements located at 1347 CR 4510 Pittsburg, Camp County, Texas. (100% of mineral rights)

Legal: ABSA060 Mary Hayes, Tract, 41-5000, 406.93 (+1.55 AC in Rd.) acres, Camp County, Texas (containing 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 of land 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, County, Texas, and being more particularly described by metes and bounds

stove Tex. Prop. Code §§ 42.001 (a), 42.002 $100.00 $100.00 (a)(1 ), 42.001 (b)(4)

microwave Tex. Prop. Code§§ 42.001 (a), 42.002 $50.00 $50.00 (a)(1 ), 42.001 (b)(4)

refigerator/freezer Tex. Prop. Code§§ 42.001 (a), 42.002 $300.00 $300.00 (a)(1), 42.001(b)(4)

freezer Tex. Prop. Code §§ 42.001 (a), 42.002 $300.00 $300.00 (a)(1 ), 42.001 (b)(4)

*Amount subject to adjustment on 4101116 and every three years thereafter with respect to cases commenced on or after the date of adjustment.

Page 183 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6C (Official Fonn 6C) (4/13)- Cont. Document Page 12 of 35

In re Tedde Robin Blunck Case No. ..!:13~-~20~1~2::!.9_ _ _ __ (If known)

washer/dryer Tex. Prop. Code§§ 42.001(a), 42.002 $200.00 $200.00 (a)(1 ), 42.001 (b)(4)

silverware Tex. Prop. Code §§ 42.001 (a), 42.002 $50.00 $50.00 (a)(1 ), 42.001 (b)(4)

bedroom furniture Tex. Prop. Code§§ 42.001(a), 42.002 $750.00 $750.00 (a)(1 ), 42.001 (b)(4)

lawn furniture Tex. Prop. Code§§ 42.001 (a), 42.002 $50.00 $50.00 (a)(1 ), 42.001 (b)(4)

lawn mower Tex. Prop. Code§§ 42.001(a), 42.002 $350.00 $350.00 (a)(1), 42.001(b)(4)

televisions Tex. Prop. Code§§ 42.001(a), 42.002 $300.00 $300.00 (a)(1), 42.001(b)(4)

VCR Tex. Prop. Code§§ 42.001(a), 42.002 $50.00 $50.00 (a)(1), 42.001(b)(4)

DVR Tex. Prop. Code§§ 42.001 (a), 42.002 $50.00 $50.00 (a)(1 ), 42.001 (b)(4)

computer Tex. Prop. Code§§ 42.001(a), 42.002 $200.00 $200.00 (a)(1 ), 42.001 (b)(4)

household tools Tex. Prop. Code§§ 42.001(a), 42.002 $100.00 $100.00 (a)(1 ), 42.001 (b)(4)

plates Tex. Prop. Code§§ 42.001 (a), 42.002 $50.00 $50.00 (a)(1 ), 42.001 (b)(4)

den furniture Tex. Prop. Code§§ 42.001(a), 42.002 $500.00 $500.00 (a)(1 ), 42.001 (b)(4)

dining room furniture Tex. Prop. Code§§ 42.001(a), 42.002 $450.00 $450.00 (a)(1 ), 42.001 (b)(4)

Page 184 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6C (Official Form 6C) (4/13) -Cont. Document Page 13 of 35

In re Tedde Robin Blunck Case No. 13-20129 ~~~~-------- (lfknown)

clothing Tex. Prop. Code§§ 42.001(a), 42.002 $1,000.00 $1,000.00 (a)(5)

personal jewelry Tex. Prop. Code§§ 42.001 (a), 42.002 $2,500.00 $2,500.00 (a)(6)

S&W 460 Model Whitetails Unlimited 1 of 100 Tex. Prop. Code§§ 42.001 (a), 42.002 $1,500.00 $1,500.00 Texas Model SIN WTU1071 (a)(7)

Knives, game calls, holsters & ammunition Tex. Prop. Code§§ 42.001 (a), 42.002 $3,000.00 $3,000.00 (a)(8)

PSE Firestonn Lite Bow w/quiver stablizer, Tex. Prop. Code§§ 42.001 (a), 42.002 $500.00 $500.00 sights, whisker biscuit, case and 5 dozen (a)(8) aluminum arrows

PSE X-Force HF w/quiver, stabilizer, sights, Tex. Prop. Code§§ 42.001 (a), 42.002 $1,550.00 $1,550.00 whisker biscuit, case and 2 dozen Axis arrows (a)(7)

5 dozen Silver broadheads, 4 dozen Muzzy Tex. Prop. Code§§ 42.001 (a), 42.002 $300.00 $300.00 broadheads (a)(8)

Parsons Brinckerhoff Inc. Exec Def Comp Plan Tex. Prop. Code§ 42.0021 $78,104.00 $78,104.00 (DCOMPI)

Parsons Brinckerhoff Inc. Exec Def Comp Plan Tex. Prop. Code § 42.0021 $120,816.00 $120,816.00 (DCOMPII)

Traditional IRA- Rollover (FNB Pittsburg, Texas) Tex. Prop. Code § 42.0021 $236,657.03 $236,657.03 #42111

T.RowePrice 401 K Tex. Prop. Code§ 42.0021 $40,120.25 $40,120.25

IRA: Pilgrim Bank of Pittsburg, Texas Tex. Prop. Code§ 42.0021 $210,000.00 $210,000.00 acct. no. xxxx865 (estimate)

Page 185 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6C (Official Fonn 6C) (4/13)- Cont. Document Page 14 of 35

In re Tedde Robin Blunck Case No. ..:..:13::....:·2=..::0:...:.1::29:-.----- (lfknown)

Continuation Sheet No. 3

IRA: Capital One Bank Tex. Prop. Code§ 42.0021 $229,000.00 $229,000.00 accountno.xxxxxx474 (estimate)

1976 Bethany Citation Travel Trailer Tex. Prop. Code §§ 42.001 (a), 42.002 $2,000.00 $2,000.00 (a)(9)

2007 Ford Expedition Tex. Prop. Code§§ 42.001(a),42.002 $7,944.00 $12,000.00 (a)(9)

2008 Ford F-150 Tex. Prop. Code§§ 42.001(a), 42.002 $4,862.00 $15,000.00 (a)(9)

2012 Ford Escape Tex. Prop. Code§§ 42.001(a), 42.002 $463.00 $21,000.00 (a)(9)

Desks Tex. Prop. Code§§ 42.001(a), 42.002 $100.00 $100.00 (a)(4)

computers Tex. Prop. Code§§ 42.001 (a), 42.002 $431.00 $1,000.00 (a)(4)

office furnishings Tex. Prop. Code§§ 42.001 (a), 42.002 $0.00 $500.00 (a)(4)

misc. office equipment Tex. Prop. Code§§ 42.001 (a), 42.002 $0.00 $50.00 (a)(4)

legal reference books Tex. Prop. Code§§ 42.001 (a), 42.002 $0.00 $300.00 (a)(4)

Page 186 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main UNITEJ>~y~HW~~A~t~~fc:o'uRT EASTERN DISTRICT OFTEXAS MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13-20129

CHAPTER 13

SCHEDULE C-1 (SUPPLEMENTAL EXEMPTION ANALYSIS)

Exemption Totals by Category: (Values and liens of surrendered property are NOT included in this section) Scheme Selected: State

NIA Real Property. $1,185,000.00 $817,088.00 $367,912.00 $221,352.00 $146,560.00

1. Cash on hand. $0.00 $0.00 $0.00 $0.00 $0.00

2. Checking, savings or other financial $7,660.29 $0.00 $7,660.29 $0.00 $7,660.29 accounts, CO's or shares in banks ...

3. Security deposits with public utilities, $0.00 $0.00 $0.00 $0.00 $0.00 telephone companies, landlords, others.

4. Household goods and furnishings, $3,850.00 $0.00 $3,850.00 $3,850.00 $0.00 including audio, video ...

5. Books, pictures and other art objects, $0.00 $0.00 $0.00 $0.00 $0.00 antiques, stamp, coin, records ....

6. Wearing apparel. $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00

7. Furs and jewelry. $2,500.00 $0.00 $2,500.00 $2,500.00 $0.00

8. Fireanns and sports, photographic $29,075.00 $0.00 $29,075.00 $6,850.00 $22,225.00 and other hobby equipment.

9. Interests in insurance policies. $0.00 $0.00 $0.00 $0.00 $0.00

10. Annuities. $0.00 $0.00 $0.00 $0.00 $0.00

11. Education IRAs. $0.00 $0.00 $0.00 $0.00 $0.00

12. Interests in IRA, ERISA, Keogh ... $914,697.28 $0.00 $914,697.28 $g14,697.28 $0.00

13. Stock and interests in incorporated ... $0.00 $0.00 $0.00 $0.00 $0.00

14. Interests in partnerships .... $0.00 $0.00 $0.00 $0.00 $0.00

15. Government and corporate bonds ... $0.00 $0.00 $0.00 $0.00 $0.00

16. Accounts receivable. $5g,5oo.oo $0.00 $5g,5oo.oo $0.00 $5g,5oo.oo

17. Alimony, maintenance, support, and $0.00 $0.00 $0.00 $0.00 $0.00 property settlement to which the .....

18. Other liquidated debts owed debtor... $0.00 $0.00 $0.00 $0.00 $0.00

19. Equitable or future interests, life $0.00 $0.00 $0.00 $0.00 $0.00 estates, and rights or powers .....

20. Contingent and noncontingent interests $0.00 $0.00 $0.00 $0.00 $0.00 in estate of decedent, death benefit....

21. Other contingent and unliquidated $0.00 $0.00 $0.00 $0.00 $0.00 claims of every nature .....

Copyright Page 1996-2013, 187 ofLega/PRO 207 Systems, Inc., San Antonio, Texas (210) 561-5300-- All rights reserved. Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main UNITE.5'~f~lff$l~A~t~~fC~URT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13-20129

SCHEDULE C-1 (SUPPLEMENTAL EXEMPTION ANALYSIS) Continuation Sheet # 1 Exemption Totals by Category: (Values and liens of surrendered property are NOT included in this section) Scheme Selected: State

22. Patents, copyrights, and other $0.00 $0.00 $0.00 $0.00 $0.00 intellectual property.

23. Licenses, franchises, and other.... $0.00 $0.00 $0.00 $0.00 $0.00 24. Customer Lists. $0.00 $0.00 $0.00 $0.00 $0.00 25. Automobiles, trucks, trailers, vehicles ... $50,000.00 $34,731.00 $15,269.00 $15,269.00 $0.00 26. Boats, motors and accessories. $5,000.00 $0.00 $5,000.00 $0.00 $5,000.00

27. Aircraft and accessories. $0.00 $0.00 $0.00 $0.00 $0.00 28. Office equipment, furnishings ... $1,950.00 $0.00 $1,950.00 $531.00 $1,419.00

29. Machinery, fixtures used in business. $0.00 $0.00 $0.00 $0.00 $0.00

30. Inventory. $0.00 $0.00 $0.00 $0.00 $0.00

31. Animals. $0.00 $0.00 $0.00 $0.00 $0.00

32. Crops- growing or harvested. $0.00 $0.00 $0.00 $0.00 $0.00

33. Farming equipment and implements. $0.00 $0.00 $0.00 $0.00 $0.00

34. Farm supplies, chemicals, and feed. $0.00 $0.00 $0.00 $0.00 $0.00

35. Other personal property of any kind. $0.00 $0.00 $0.00 $0.00 $0.00

TOTALS: $2,260,232.57 $851,819.00 $1,408,413.57 $1,166,049.28 $242,364.29

Surrendered Pro~erty: The following property is to be surrendered by the debtor. Although this property is NOT exempt, it is NOT considered "non-exempt" for purposes of this analysis. The below listed items are to be returned to the lienholder.

Real Property (None) Personal Property (None)

TOTALS: $0.00 $0.00 $0.00

Non-Exempt Pro~erty by Item: The following property, or a portion thereof, is non-exempt.

~,j~~tlrz~~~~t~~[~>ii:Y·• >...>,__:>·: .. .,· ,,~:.;;2:>..;; ,;:~.:

Real Property Real property in Hays County $515,000.00 $388,440.00 $126,560.00 $126,560.00

Page Copyright 188 ofLega/PRO 1996-2013, 207 Systems, Inc., San Antonio, Texas (210) 561-5300- All rights reserved. Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main UNITE8~1!8H~$'~AN'KWirPtt~ c 8uRT 13 EASTERN DISTRICT OF TEXAS . MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13-20129

SCHEDULE C-1 (SUPPLEMENTAL EXEMPTION ANALYSIS) Continuation Sheet # 2

Orlanda, FL time share $20,000.00 $20,000.00 $20,000.00

Personal Property

Cypress Bank, checking xxxx8152 $286.00 $286.00 $286.00

Cypress Bank; checking XXXX2980 $7,374.29 $7,374.29 $7,374.29

Belgium made Browning Nomad, 6 3/4" barrel, semi-automatic, 22 $400.00 $400.00 $400.00

Smith & Wesson Model17-3, 6" barrel, 6-shot double action $450.00 $450.00 $450.00

Smith & Wesson Model19-3, 6" barrel, 6-shot double action $500.00 $500.00 $500.00

smith & Wesson Model 29-2, 8 318" barrel, 6-shot double action $650.00 $650.00 $650.00

Heckler & Kock Model USP Compact 9mmx19, semi-automatic, $750.00 $750.00 $750.00

Smith & Wesson Model 500, 9" barrel, 5-shot stainless steel $1,100.00 $1,100.00 $1,100.00

Thompson Center Contender, single shot, .357 Herrett caliber, S/N $900.00 $900.00 $900.00

Tarus Model4510 3" Stainless Steel Barrel, .410 & .45 caliber, $600.00 $600.00 $600.00

Kel Tee Model P-3AT. 6-shot semi-automatic hard chrome, .380 $350.00 $350.00 $350.00

Glock Model19 9mmx19, semi-automatic, 9mm caliber, S/N $500.00 $500.00 $500.00

Buddie Arms Double Duce 22 long rifle 2-shot Derringer, SIN $250.00 $250.00 $250.00

Ruger LCP Model 03701 semi-automatic 380 auto caliber S/N 378 $500.00 $500.00 $500.00

lnterArms Model Mark X Alaskan, 375 H & H Magnum caliber, bolt $1,200.00 $1,200.00 $1,200.00

Remington Model 700 BDL, 270 caliber, bolt action, SIN 6357819 $1,000.00 $1,000.00 $1,000.00

Ruger Model 10/22 Cabrine, 22 long rifle caliber, semi-automatic $500.00 $500.00 $500.00

Century Arms Inc. Golani Sportster, .223 caliber, two 35 round $750.00 $750.00 $750.00

Colt AR-15, A2, 223 Caliber Government Cabrlne S/N 007831 with $2,500.00 $2,500.00 $2,500.00

Remington Model 700 BDLEngraved. 300 Winchester caliber, bolt $1,600.00 $1,600.00 $1,600.00

Savage Arms Model 19530 Axis XP 243 Winchester caliber, bolt $500.00 $500.00 $500.00

AU Garno Bone Collector Bull Whisper 4.5 (.177) Caliber Air Rifle $250.00 $250.00 $250.00

59166 Yugo Model7.62x39 Nato Round C.A.I. Georgia, VT, Stock $350.00 $350.00 $350.00

Savage 93 R17 Model.17 HMR Caliber S/N 0177749 $225.00 $225.00 $225.00

Winchester Model12,2 3/4" chamber. 12 gauge, pump, modified $1,000.00 $1,000.00 $1,000.00

Winchester Model 50, 2 3/4" chamber. 20 gauge, semi-automatic, $750.00 $750.00 $750.00

Winchester Ducks Unlimited Model1300, 3" chamber, 12 gauge, $500.00 $500.00 $500.00

Winchester Model 50,2 3/4" chamber, 12 gauge, semi-automatic, $500.00 $500.00 $500.00

Page Copyright 207 Systems, Inc., San Antonio, Texas (210) 561-5300- All rights reseNed. 189 ofLega/PRO 1996-2013, Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main UNITEJ>gf}{W$l~ANkWlrPt~~fd~URT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13-20129

SCHEDULE C-1 (SUPPLEMENTAL EXEMPTION ANALYSIS) Continuation Sheet # 3

Belgium made Winchester Model Super X2 magnum, 2 3/4", & 3 $1,200.00 $1,200.00 $1,200.00

Chinese made UCN X12, 3" chamber, 12 gauge, pump, riot gun $300.00 $300.00 $300.00

Remington 870 Magnum 12 gauge pump, 3" chamber, invector $500.00 $500.00 $500.00

ArmSport Model 2746, 2 3/4", 3", & 3 1/2" chamber, 12 gauge $750.00 $750.00 $750.00

Pelican 2 gun hard sided case $300.00 $300.00 $300.00

3 Plano 2 gun hard sided cases $300.00 $300.00 $300.00

8-Soft long gun cases $300.00 $300.00 $30().00

Oustanding loan balance from Beau Shafer $14,500.00 $14,500.00 $14,500.00

Note receivable f(Om Richard and Vanessa Antoine $45,000.00 $45,000.00 $45,000.00

Duck Boat, Motor, and Trailer $5,000.00 $5,000.00 $5,000.00

computers $1,000.00 $1,000.00 $569.00

office furnishings $500.00 $500.00 $500.00

misc. office equipment $50.00 $50.00 $50.00

legal reference books $300.00 $300.00 $300.00

TOTALS: $631,235.29 $388,440.00 $242,795.29 $242,364.29

B. GIVss Property Value of Surrendered Property

C. Total GIVSS Property Value (A+ B)

D. GIVss Amount of Encumbrances (not including surrendered property)

E. GIVss Amount of Encumbrances on Surrendered Property

F. Total GIVss Encumbrances (D+E)

G. Total Equity (not including surrendered property) I (A-D)

H. Total Equity In surrendered items (B-E)

I. Total Equity (C-F)

J. Total Exemptions Claimed

K. Total Non-Exempt Property Remaining (G-J)

Copyright Page 1996-2013, 190 ofLega/PRO 207 Systems, Inc., San Antonio, Texas (210) 561-5300- All rights reserved. Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 19 of 35 860 (Official Form 60) (12/07) In re Tedde Robin Blunck CaseNo. ~1~3~-2~0~1=2~9~~--~------­ (ifknown)

SCHEDULE D -CREDITORS HOLDING SECURED CLAIMS D Check this box if debtor has no creditors holding secured claims to report on this Schedule D.

ACCT#:

Capital Farm Credit $428,648.00 PO Box 216 Lockhart, TX 78644-2016

DATE INCURRED: ACCT#: NATURE OF LIEN: Marital property Cathy A. Blunck COLLATERAL: marital property $0.00 1152 Little Bear Road REMARKS: Buda, Texas 78610 A division of marital property was entered on February 20, 2013. Debtor has filed appeal.

DATE INCURRED: 08/2008 ACCT #: xxxx561 0 NATURE OF LIEN: Purchase Money Ford Motor Credit Corporation COLLATERAL: 2008 Ford F-150 $10,138.00 Ford Motor Credit REMARKS: PO Box6275 Dearborn, Ml48121

DATE INCURRED: 09/15/2011 ACCT #: xxxx9885 NAlURE OF LIEN: Purchase Money Ford Motor Credit Corporation COLLATERAL: 2012 Ford Escape $20,537.00 Ford Motor Credit • REMARKS: PO Box 6275 Dearborn, Ml48121

1 continuation sheets attached report also on Statistical Summary of Certain Liabilities and Related Data.)

Page 191 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 20 of 35 860 (Official Form 60) (12/07)- Cont In re Tedde Robin Blunck Case No. ....:1~3:.:!-2:!0:...:1.::.29:::...._-==-~:----­ (if known)

SCHEDULE D -CREDITORS HOLDING SECURED CLAIMS

DATE INCURRED: 07/2007 ACCT #: xxxxxxx2500 NATURE OF UEN: Purchase Money Greater TX F C U COLLATERAI.: 2007 Ford Expedition $4,056.00 6411 N lamar Blvd REMARKS: Austin, TX 78752 in possession of former spouse

INCURRED: 04/2008 ACCT #: xxxxx6145 NATURE OF UEN: Purchase Money Nationstar Mortgage LLC COLLATERAL: Debtor's Homestead $388,440.00 Attn: Bankruptcy REMARKS: 350 Highland Dr Lewisville, TX 75067

DATE INCURRED: 03-06/2013 ACCT #: xxxxx6145 NATURE OF LIEN: Arrearage claim Nationstar Mortgage LLC COLLATERAL: Debtor's Homestead $7,400.00 Attn: Bankruptcy REMARKS: 350 Highland Dr residential property In Hays County Lewisville, TX 75067 occupied by former spouse

Sheet no. 1 of 1 continuation sheets attached Subtotal (Total of this Page)> to Schedule of Creditors Holding Secured Claims Total (Use only on last page)> (Report also on (If applicable, Summary of report also on Schedules.) Statistical Summary of Certain Liabilities and Related Data.)

Page 192 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main BSE (Official Form 6E) (04/13) Document Page 21 of 35 In re Tedde Robin Blunck Case No. 13-20129 (If Known)

SCHEDULE E -CREDITORS HOLDING UNSECURED PRIORITY CLAIMS

0 Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E.

TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets.) 0 Domestic Support Obligations Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1).

0 Extensions of credit in an involuntary case ·Claims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11 u.s._s;. § 507(a)(3).

D Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $12,475* per person earned within 180 days immediately preceding the filing of the· original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4).

0 Contributions to employee benefit plans Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(5).

0 Certain farmers and fishermen Claims of certain farmers and fishermen, up to $6,150* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6).

D Deposits by individuals Claims of individuals up to $2, 775* for deposits for the purchase, lease or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. § 507(a)(7).

0 Taxes and Certain Other Debts Owed to Governmental Units Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8).

D Commitments to Maintain the Capital of an Insured Depository Institution Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507(a)(9).

0 Claims for Death or Personal Injury While Debtor Was Intoxicated Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. § 507(a)(1 0).

0 Administrative allowances under 11 U.S.C. Sec. 330 Claims based on services rendered by the trustee, examiner, professional person, or attorney and by any paraprofessional person employed by such person as approved by the court and/or in accordance with 11 U.S.C. §§ 326, 328, 329 and 330.

*Amounts are subject to adjustment on 4/01/16, and evel)l three years thereafter with respect to cases commenced on or after the date of adjustment.

1 continuation sheets attached

Page 193 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main BSE (Official Form SE) (04/13)- Cont. Document Page 22 of 35 In re Tedde Robin Blunck CaseNo. ~1~3~~~0~12~9~~--~-----­ (lf Known)

$3,000.00 $3,000.00 $0.00

Tyler, Texas 75703

Sheet no. 1 of 1 continuation sheets Subtotals (Totals of this page)> attached to Schedule of Creditors Holding Priority Claims Total> (Use only on last page of the completed Schedule E. Report also on the Summary of Schedules.) Totals> (Use only on last page of the completed Schedule E. If applicable, report also on the Statistical Summary of Certain Liabilities and Related Data.)

Page 194 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6F (Official Form 6F) (12/07) Document Page 23 of 35 In re Tedde Robin Blunck CaseNo. ~1~3~-2~0~12~9~~---------------­ (ifknown)

SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS 0 Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F.

Notice Only REMARKS:

DATE INCURRED: 01/2013 CONSIDERAllON: Credit Card $1,013.00 REMARKS:

DATE INCURRED: CONSIDERAllON: Credit Card $11,807.00 REMARKS:

DATE INCURRED: 01/1999 CONSIDERATION: Credit Card $5,677.00 REMARKS:

DATE INCURRED: CONSIDERAllON: Notice Only Notice Only REMARKS:

DATE INCURRED: CONSIDERAllON: Barclays Bank Delaware Credit Card $17,123.00 Attn: Bankruptcy REMARKS: P.O. Box 8801 Wilmington, DE 19899

Subtotal>

Total> (Use only on last page of the completed Schedule F.) --~3_ _.....:continuation sheets attached (Report also on Summary of Schedules and, If applicable, on the Statistical Summary of Certain Liabilities and Related Data.)

Page 195 of 207 Case 13-20129 Doc 14 Filed 07/23/13. Entered 07/23/13 23:31:22 Desc Main B6F (Official Form 6F) (12/07) - Cont. Document Page 24 of 35 In re Tedde Robin Blunck Case No. 13-20129 (if known)

SCHEDULE F -CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS

Notice Only

DATE INCURRED: CONSIDERATION: Notice Only Notice Only REMARKS:

DATE INCURRED: CONSIDERATION: Notice Only Notice Only REMARKS:

DATE INCURRED: 11/01/1994 CONSIDERATION: Credit Card $10,615.00 REMARKS:

DATE INCURRED: CONSIDERATION: Notice Only Notice Only REMARKS:

DATE INCURRED: CONSIDERATION: Notice Only Notice Only Bassel and Wilcox REMARKS: PO Box 11509 Fort Worth, TX 76110

Sheet no. 1 of 3 continuation sheets attached to Subtotal> Schedule of Creditors Holding Unsecured Nonpriority Claims Total> (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, If applicable, on the Statistical Summary of Certain Liabilities and Related Data.)

Page 196 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6F (Official Form 6F) (12/07)- Cont. Document Page 25 of 35 In re Tedde Robin Blunck CaseNo. ~1~3~-27.0~12=9~~---------­ (ifknown)

$741.00 REMARKS:

DATE INCURRED: CONSIDERATION: Notice Only Notice Only REMARKS:

DATE INCURRED: CONSIDERATION: Notice Only Notice Only REMARKS:

DATE INCURRED: 2013 CONSIDERATION: Attorney Fees for fonner spouse Notice Only REMARKS: under appeal

$66,612.00 awarded at trial DATE INCURRED: CONSIDERATION: Appellate counsel fees for fonner spouse Notice Only REMARKS: under appeal

$20,000.00 awarded at trial DATE INCURRED: CONSIDERATION: Leon Breeden Attorney fees for appointed Receiver $0.00 120 West Hopkins, Ste. 102 REMARKS: San Marcos, TX 78666 under appeal

$11,756.00 awarded at trial Sheet no. 2 of 3 continuation sheets attached to Subtotal> Schedule of Creditors Holding Unsecured Nonpriority Claims Total> (Use only on last page ofthe completed Schedule F.) (Report also on Summary of Schedules and, If applicable, on the Statistical Summary of Certain Liabilities and Related Data.)

Page 197 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 26 of 35 86F (Official Form 6F) (12/07)- Cont. In re Tedde Robin Blunck CaseNo. ~1~3~-2~0~12=9~~---------­ (ifknown)

DATEINCURREQ 10/2012 CONSIDERATION: Collection Attorney $2,400.00 REMARKS:

Sheet no. 3 of ·3 continuation sheets attached to Subtotal> Schedule of Creditors Holding Unsecured Nonpriority Claims Total> (Use only on last page of the completed Schedule F.) (Report also on Summary of Schedules and, If applicable, on the Statistical Summary of Certain Liabilities and Related Data.)

Page 198 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6G (Official Form 6G) (12/07) Document Page 27 of 35 In re Tedde Robin Blunck CaseNo. ~13~-~2~01~2=9~--------­ (if known)

SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature of debtor's interest in contract, i.e., "Purchaser," "Agent," etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract described. If a minor child is a party to one of the leases of contracts, state the child's initials and the name and address of the child's parent or guardian, such as "AB., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).

liZ[ Check this box if debtor has no executory contracts or unexpired leases.

Page 199 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B6H (Official Form 6H) (12/07) Document Page 28 of 35 In re Tedde Robin Blunck Case No. 13-20129 ~~~~---------- (ifknown)

SCHEDULE H - CODEBTORS Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts listed by the debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eight- year period immediately preceding the commencement of the case, identify the name of the debtor's spouse and of any former spouse who resides or resided with the debtor in the community property state, commonwealth, or territory. Include all names used by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m).

Page 200 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main B61 (Official Form 61) (12/07) Document Page 29 of 35 In re Tedde Robin Blunck Case No. 13-20129 (if known)

SCHEDULE I - CURRENT INCOME OF INDIVIDUAL DEBTOR(S) The column labeled "Spouse" must be completed in all cases flied by joint debtors and by every married debtor, whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. Do not state the name of any minor child. The average monthly income calculated on this form may differ from the current monthly income calculated on Form 22A, 228, or 22C. Debtor's Marital Status:

Single

Occupation Sr. Assoc. Counsel Name of Employer Parsons Brinckerhoff Group How Long Employed 23years Address of Employer 1 Penn Plaza New York, N.Y.

INCOME: (Estimate of average or projected monthly income at time case filed) DEBTOR SPOUSE 1. Monthly gross wages, salary, and commissions (Prorate if not paid monthly) $14,178.67 2. . Estimate monthly overtime $0.00 3. SUBTOTAL 4. 'LESS PAYROLL DEDUCTIONS a. Payroll taxes (indudes social security tax if b. is zero) $1,969.33 b. Social Security Tax $849.12 c. Medicare $198.51 d. Insurance $490.32 e. Union dues $0.00 f. Retirement $0.00 g. Other (Specify) -=.LT:..=D:.....__ _ _ _ _ _ _ _ _ _ _ _ _ __ $29.06 h. Other (Specify) $0.00 i. Other(Specify) - - - - - - - - - - - - - - - - - $0.00 j. Other (Specify) $0.00 k. Other (Specify) - - - - - - - - - - - - - - - - $O.o:,;;.o,..........,.......,...,......,.,,__.,..,.........=,.,.., 5. SUBTOTAL OF PAYROLL DEDUCTIONS 6. TOTAL NET MONTHLY TAKE HOME PAY 7. Regular income from operation of business or profession or farm (Attach detailed stmt) $500.00 8. Income from real property $0.00 9. Interest and dividends $0.00 10. Alimony, maintenance or support payments payable to the debtor for the debtor's use or $0.00 that of dependents listed above 11. Social security or government assistance (Specify): $2,556.00 12. Pension or retirement income $0.00 13. Other monthly income (Specify): a. Prorated Income Tax Refund $1,250.00 $0.00 $0.00 14. SUBTOTAL OF LINES 7 THROUGH 13 15. AVERAGE MONTHLY INCOME (Add amounts shown on lines 6 and 14) .f1~~~m;:~ ,, , .·<· ~;< < .• 16. COMBINED AVERAGE MONTHLY INCOME: (Combine column totals from line 15) ~·~;~)'fttfi~~~~T.. ··:M> .,., '·' (Report also on Summary of Schedules and, if applicable, on Statistical Summary of Certain Liabilities and Related Data) 17. Describe any increase or decrease in income reasonably anticipated to occur within the year following the filing of this document: Debtor's status has been changed from a straight salary postilion to hourly. He Is now part-time

Page 201 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 30 of 35 B6J (Official Form 6J) (12/07) IN RE: Tedde Robin Blunck Case No. 13-20129 (if known)

SCHEDULE J - CURRENT EXPENDITURES OF INDIVIDUAL DEBTOR(S) Complete this schedule by estimating the average or projected monthly expenses of the debtor and the debtor's family at time case filed. Prorate any payments made bi-weekly, quarterly, semi-annually, or annually to show monthly rate. The average monthly expenses calciJated on this form may differ from the deductions from income allowed on Form 22A or 22C. 0 Check this box if a joint petition is filed and debtor's spouse maintains a separate household. Complete a separate schedule of expenditures labeled "Spouse."

1. Rent or home mortgage payment (include lot rented for mobile home) $2,429.46 a. Are real estate taxes included? DYes ~No b. Is property insurance included? 0 Yes ~No

2. Utilities: a. Electricity and heating $250.00 b. Water and sewer $40.00 c. Telephone $101.00 d. Other: Satellite Service $50.67 3. Home maintenance (repairs and upkeep) $50.00 4.Food $675.00 5. Clothing $200.00 6. Laundry and dry cleaning $50.00 7. Medical and dental expenses $50.00 8. Transportation (not including car payments) $500.00 9. Recreation, clubs and entertainmen~ newspapers, magazines, etc. $50.00 10. Charitable contributions 11. Insurance (not deducted from wages or included in home mortgage payments) a. Homeowner's or renter's $487.50 b. Life $457:04 c. Health d. Auto $266.00 e. Other: American Home Shield - warrant $49.75 12. Taxes (not deducted from wages or included in home mortgage payments) $1,300.00 Specify: est. property taxes 13.lnstallment payments: (In chapter 11, 12, and 13 cases, do not list payments to be included in the plan) a. Auto: FMC: 2012 Ford Escape $526.59 b. Other: Nationstar Mortgage- Bud a home $2,466.00 c. Other: FMC: 2008 Ford F-150 $711.98 d. Other: 14. Alimony, maintenance, and support paid to others: 15. Payments for support of add'l dependents not living at your home: 16. Regular expenses from operation of business, profession, or farm (attach detailed statement) $510~00 17.a. Other: See attached personal expenses $232.00 17.b. Other:

19. Describe any increase or decrease in expenditures reasonably anticipated to occur within the year following the filing of this document None.

20. STATEMENT OF MONTHLY NET INCOME a. Average monthly income from Line 15 of Schedule I $14,948.33 b. Average monthly expenses from Line 18 above $11,452.99 c. net income

Page 202 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main UNITE8gr}L'fW$l~ArJKWlli,ye~fc1)'URT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13·20129

EXHIBIT TO SCHEDULE J

Itemized Business Expenses Law Practice

Expense Category Amount

property tax expense $110.00 office expenses $400.00

Total> $510.00

Page 203 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main 3 UNITE8~y~lfW$'~AtJKWffi,ii~fc JiuRT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN RE: Tedde Robin Blunck CASE NO 13-20129

EXHIBIT TO SCHEDULE J Continuation Sheet No. 1

Itemized Personal Expenses

Expense Amount

Home Security $49.00 personal care $65.00 housekeeping $55.00 Internet Service $63.00

Total> $232.00

Page 204 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main . Document Page 33 of 35 86 Summary (Offic1al Fonn 6- Summary) (12107) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION In re Tedde Robin Blunck Case No. 13-20129

SUMMARY OF SCHEDULES Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B, 0. E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor's assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount ofthe debtor's liabilities. Individual debtors also must complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter7, 11, or 13.

ATTACH NO. OF NAME OF SCHEDULE ASSETS LIABILITIES OTHER (YES/NO) SHEETS

A - Real Property Yes 1 $1 '185,000.00

B - Personal Property Yes 9 $1 ,075,232.57

C- Property Claimed Yes 4 as Exempt D -Creditors Holding Yes 2 Secured Claims E ~Creditors Holding Unsecured . Priority Claims Yes 2 of Claims on Schedule F- Creditors Holding Unsecured Yes 4 Nonpriority Claims G - Executory Contracts and Yes 1 Unexpired Leases

H - Codebtors Yes 1

I - Current Income of Yes 1 Individual Debtor(s)

J - Current Expenditures of Yes 3 $11,452.99 Individual Debtor(s)

TOTAL 28

Page 205 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 34 of 35 Form 6- Statistical Summary (12/07) UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION In re Tedde Robin Blunck Case No. 13-20129

STATISTICAL SUMMARY OF CERTAIN LIABILITIES AND RELATED DATA {28 U.S.C. § 159) If you are an individual debtor whose debts are primarily consumer debts, as defined in§ 101(8) of the Bankruptcy Code (11 U.S. C. § 101 (8) ), filing a case under chapter 7, 11, or 13, you must report all information requested below.

D Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here.

This information is for statistical purposes only under 28 U.S.C. § 159.

Summarize the following types of liabilities, as reported in the Schedules, and total them.

Type of Uability Amount

Domestic Support Obligations (from Schedule E) $0.00

Taxes arid Certain Other Debts Owed to Governmental Units $0.00 (from Schedule E)

Claims for Death or Personal Injury While Debtor Was $0.00 Intoxicated (from Schedule E) (whether disputed or undisputed)

Student Loan Obligations (from Schedule F) $0.00 Domestic Support, Separation Agreement, and Divorce Decree $0.00 Obligations Not Reported on Schedule E

Obligations to Pension or Profit-Sharing, and Other Similar $0.00 Obligations (from Schedule F)

TOTAL $0.00

State the following:

Average Income (from Schedule I, Line 16) $14,948.33

Average Expenses (from Schedule J, Line 18) $11,452.99 Current Monthly Income (from Form 22A Line 12; OR, Form 228 Lirie 11; OR, Form 22C Line 20) $14,767.71

1. Total from ScheduleD, "UNSECURED PORTION, IF ANY" column

2. Total from Schedule E, "AMOUNT ENTITLED TO PRIORilY' column.

3. ·Total from Schedule E, "AMOUNT NOT ENTITLED TO PRIORITY, IF ANY" column $0.00

4. Total from Schedule F $49,376.00

5. Total of non-priority unsecured debt (sum of 1, 3, and 4) $49,376.00

Page 206 of 207 Case 13-20129 Doc 14 Filed 07/23/13 Entered 07/23/13 23:31:22 Desc Main Document Page 35 of 35 86 Declaration (Official Form 6- Declaration) (12107) In re Tedde Robin Blunck Case No. ..:..:13:...-=:20:...1:..:2:::9_ _ _ _ __ (if known)

DECLARATION CONCERNING DEBTOR'S SCHEDULES DECLARATION UNDER PENALTY OF PERJURY BY INDIVIDUAL DEBTOR I declare under penalty of pe~ury that I have read the foregoing summary and schedules, consisting of 30 sheets, and that they are true and correct to the best of my knowledge, information, and belief.

Date 7/23/2013 Signature /s/ Tedde Robin Blunck Tedde Robin Blunck

Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Date--------------

[If joint case, both spouses must sign.]

Penalty for making a false statement or concealing properly: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18 U.S. C.§§ 152 and 3571. Page 207 of 207