motion for Appointment

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Samples legal papers
March 28, 2023

COUNTY OF BERKS

NO. 233-689807-20

  IN THE MATTER OF THE MARIAGE OF  BETHANY CLAY SMITH AND AARON JOSEPH SMITH AND IN THE INTEREST OF NOAH GABRIEL SMITH, A CHILD   IN THE DISTRICT COURT  233RD JUDICIAL DISTRICT  TARRANT COUNTY, TEXAS 

This motion for Appointment of Receiver is brought by BETHANY CLAY SMITH, Petitioner, who shows in support:

  1. Petitioner, BETHANY CLAY SMITH, and Respondent, AARON JOSEPH SMITH, are the owners of real property located at Lot 10, Block B, of Edgewood, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the map of plat thereof recorded in Cabinet A, Slide 10182, Plat Records, Tarrant County, Texas, and commonly known as 12113 Treeline Dr., Crowley, Texas.
  2. On May 21st, 2021, the parties agreed and it was therefore ordered that the marital residence located at 12113 Treeline Dr., Crowley, Texas was to remain in possession of AARON JOSEPH SMITH residing in the residence and paying all costs associated with the residence.
  3. The Parties further agreed and it was therefore ordered that AARON JOSEPH SMITH shall pay to BETHANY CLAY SMITH a total sum of $60,000.00 on or before June 1st, 2021. In absence of such payment past June 1st, 2021, the parties agreed and it was therefore ordered that AARON JOSEPH SMITH to list the property for sale with a licensed real estate agent who utilized a multiple listing service.
  4. The Parties further agreed and it was therefore ordered that in the absence of payment of $60,000.00 by AARON JOSEPH SMITH to BETHANY CLAY SMITH, and in the event the property is not sold by July 31st, 2021, BETHANY CLAY SMITH shall be entitled to appoint a receiver to take possession of and sell the residence.
  5. As of the date herein below, AARON JOSEPH SMITH has not remitted payment of the sum of $60,000.00 to BETHANY CLAY SMITH and the property known as 12113 Treeline Dr., Crowley, Texas has not been sold. Unless a receiver is appointed to immediately take charge and control the property, there is danger that the order of May 21st, 2021, will remain unenforced. There is no adequate remedy at law except for the appointment of a receiver.
  6. Fees, Expenses, Costs, and Interest

It was necessary for BETHANY CLAY SMITH to prepare and prosecute this suit. To effect an equitable division of the estate of the parties and as a part of the division, and for service rendered in connection with conservatorship and support of the children, judgment for fees, expenses, and costs should be granted against AARON JOSEPH SMITH and in favour of BETHANY CLAY SMITH, and be ordered paid directly to BETHANY CLAY SMITH. BETHANY CLAY SMITH Requests post judgment interest as allowed by law.

BETHANY CLAY SMITH prays that the Court grant this motion for Appointment of Receiver.

DATED _______________

BY:____________________________

BETHANY CLAY SMITH

[insert address]

[insert contact]

Pro Se

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