NO. 674066

THE STATE OF TEXAS $ IN THE COUNTY DISTRICT

VS. $ COURT AT LAW NO. 183 OF

EDMUND BRYAN HEIMLICH $ HARRIS COUNTY, T E X A S

MOTION FOR RELEASE OF FUNDS

IN CUSTODY TO CHOICE REALTY PARTNERS

NOW COMES EDMUND B. HEIMLICH, Defendant pro se, to request the money in the amount of $5,050 (Five Thousand Fifty Dollars) currently held by Katherin Tyra, District Clerk, be redeposited into the account from which it was seized, and, for cause thereof will respectfully show the court;

I.

That the money was unlawfully seized or seized by mistake.

II.

That the money is not owned by the complainant, Eric Pettorino, but; by virtue of contract between the complainant and Choice Realty Partners, is lawfully owned by Choice Realty Partners.

III.

That the check issued, and on which Eric Pettorino based his complaint and secured seizure of money, was issued under coercion and duress.

IV.

That the stop pay placed on the check was an appropriate response of "standard care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint".

Respectfully Submitted,

Edmund Bryan Heimlich, Defendant Pro Se

11515 Riderwood Drive

Houston, TX 77099

(713) 879-6803

NO. 674066

THE STATE OF TEXAS $ IN THE COUNTY DISTRICT

VS. $ COURT AT LAW NO. 183 OF

EDMUND BRYAN HEIMLICH $ HARRIS COUNTY, T E X A S

ORDER DIRECTING RELEASE OF FUND

1. The court, having reviewed the evidence and considered the arguments of the parties, has determined that the funds (money) siezed, in the amount of $5,050 (Five Thousand Fifty Dollars), and currently in the possession of the court, be released into the custody of Choice Realty Partners. Accordingly, it is ordered.

Entered this day of , 1993

Judge Presiding