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FILED

DALLAS COUNTY
2/26/2019 8:47 AM
FELICIA PITRE
DISTRICT CLERK
Matthew Little

Tx19
- - 0030 7
SUIT NO.

DALLAS COUNTY, ET AL IN THE DISTRICT COURT


G-134
VS. Ummmomm
JUDICIAL DISTRICT

VICTORIA NEAVE, ET AL DALLAS COUNTY, TEXAS


ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
I.

PLAINTIFFg S Q

This suit is brought under TEXAS PROPERTY TAX CODE § 33.41 by the following named

Plaintiff(s), whether one or more, each of which is a taxing unit and legally constituted and
authorized to impose and collect taxes 0n property:

DALLAS COUNTY, PARKLAND HOSPITAL DISTRICT, DALLAS COUNTY


COMMUNITY COLLEGE DISTRICT, DALLAS COUNTY SCHOOL EQUALIZATION
FUND AND CITY OF DALLAS
The Plaintiff(s) intends discovery t0 be conducted under Level 2 of Rule 190, Texas
Rules of Civil Procedure.

DEFENDANTg S t

The following are named as Defendant(s) in this suit and may be served With notice 0f
these claims by service 0f citation at the address and in the manner shown as follows:

Victoria Neave, 8580 Abrams Rd., Dallas, TX 75243;

Mark Scott, Jr., 8580 Abrams Rd., Dallas, TX 75243;

U.S. Bank National Association, ND, A Financial Institution, (In Rem Only), upon whom
service may be obtained by serving its Manager, Kelley Boyum at 4325 17th Ave. SW,
Fargo, ND 58103;
if unknown, whose location is unknown, and such person's unknown heirs, successors and
assigns, whose identity and location are unknown, unknown owners, such unknown owner's
heirs, successors and assigns, and any and all other persons, including adverse claimants, owning
or having or claiming any legal or equitable interest in 0r lien upon the property Which is the
subj ect of the delinquent tax claim in this case.

The following taxing unit(s), whether one 0r more, is joined as a party herein as required
by TEXAS PROPERTY TAX CODE § 33.44(a) because it may have a claim for delinquent taxes
against all 0r part 0f the same property described below: RICHARDSON INDEPENDENT
SCHOOL DISTRICT. The foregoing named taxing unit(s), if any, is invited t0 add its claim by
intervening herein.

Plaintiff” s Original Petition Page 1 of 5 Suitkey# 2452046


sdt Acct N0. 00000794173500000
II.

Claims for becoming delinquent on said property at any time subsequent to the filing
all taxes
0f this suit, up day ofjudgment, including all penalties, interest, attorney’s fees, and costs 0n
to the
same, are incorporated in this suit, and P1aintiff(s) is entitled to recover the same, upon proper proof,
without further citation or notice. P1aintiff(s) is further entitled to recover each penalty that is
incurred and all interest that accrues on all delinquent taxes imposed 011 the property from the date 0f
judgment to the date 0f sale. Plaintiffs previously filed a related case in a lawsuit styled and
numbered as follows: Suit No. 03-3 1 825-T-A, styled COUNTY OF DALLAS, ET AL VS. CHILLY
JOHN, ET AL, Which was filed in the 14TH DISTRICT COURT of Dallas County, Texas.

III.

As to each separately described property shown in “Exhibit A”, there are delinquent taxes,
penalties, interest, attorney’s fees, and costs justly due, owing and unpaid to P1aintiff(s) for the tax
years and in the amounts shown therein, said exhibit being attached hereto and made a part hereof by
reference for all purposes.
IV.

A11 0f the taxes were authorized by law and legally imposed in the county in which this suit is
brought. The taxes were imposed in the amount(s) stated in “Exhibit A” on each separately
described property for each year specified and 0n each person named, if known, who owned the
property 0n January 1 0f the year for Which the tax was imposed. Plaintiff(s) now has and asserts a
lien0n each property described herein t0 secure the payment of all taxes, penalties, interest,
and costs due. Plaintiff(s) affirmatively avers that all things required by law to be
attorney’s fees,
done have been done properly by the appropriate officials and all conditions precedent have been
met.
V.

A11 of the property described in “Exhibit A” was, at the time the taxes were assessed, located
Within the territorial boundaries 0f each taxing unit in Whose behalf this suit is brought. A11
Defendants named in this suit either owned the property that is the subject 0f this suit 0n January 1 0f
the year in Which taxes were imposed on said property, or owned 0r claimed an interest in said
property at the time of the filing of this suit.

VI.

The Law Firm represented by the attorney Whose name is signed hereto is legally authorized
and empowered t0 instituteand prosecute this action 0n behalf 0f Plaintiff(s). Plaintiff(s) should
recover attorney's fees as provided by law for the prosecution of this case, and such attorney's fees
should be taxed as costs.
VII.

may have incurred certain expenses in procuring data and information as t0 the
Plaintiff(s)
name, and location 0f necessary parties, and in procuring necessary legal descriptions of the
identity
property that is the subject of this suit. Said expenses, if incurred, are reasonable and are shown in
“Exhibit A” as abstractor's costs, Which expenses should be taxed as costs herein.

Plaintiff” s Original Petition Page 2 of 5 Suitkey# 2452046


sdt Acct N0. 00000794173500000
PRAYER

WHEREFORE, PREMISES CONSIDERED, P1aintiff(s) requests that citation be issued and


served upon each Defendant named herein, commanding them to appear and answer herein in the
time and manner required by law. P1aintiff(s) further prays, upon final hearing in this cause,
for
foreclosure of the tax lien on the specific property 0f the defendants described herein, securing the
total amount of all delinquent taxes, penalties and interest, including taxes, penalties and interest
becoming delinquent during the pendency of this suit, costs of court, attorney's fees, abstract fees,
and expenses of foreclosure sale. P1aintiff(s) fithher prays for personal judgment against
Defendant(s) Who owned the property on January 1 of the year for which the taxes were imposed for
all taxes, penalties, interest, and costs that are due or Will become due on the property, together with

attorney's fees and abstractor's fees. P1aintiff(s) further prays for: (1) the appropriate order 0f sale
requiring the foreclosed property t0 be sold, free and clear of any right, title, or interest owned or
held by any named Defendant, at public auction in the manner prescribed by law, and (2) writs of
execution, directing the sheriffs and constables for the State of Texas, t0 search out, seize, and sell
sufficient property 0f the Defendant(s) against Whom personal judgment may be awarded t0 satisfy
the lawful judgment sought herein. Finally, Plaintiff(s) prays for such other and further relief, at law
or in equity, to which it may show itselfjustly entitled.

Respectfully submitted,

LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP
2777 N. Stemmons Freeway
Suite 1000
Dallas, TX 75207
(214) 880-0089; (469) 221-5001 —FAX

Bridget Moreno Lopez


State Bar No. 24012989
Pamela Pope Johnson
State Bar N0. 10819850
Edward Lopez, Jr
State Bar N0. 12563520
Evelyn Conner Hicks
State Bar No. 09575900
Brandon E. Lane
State Bar N0. 24039007
Ashly S. Atkins
State Bar N0. 24072364
Daniel K. Bearden, Jr
State Bar No. 0198 1 500
Tshomba L. Mayers
State Bar No. 24108823
dallas.litigation@lgbs.com
Attorneys for Plaintiff(s)

Plaintiff” s Original Petition Page 3 of 5 Suitkey# 2452046


sdt Acct N0. 00000794173500000
EXHIBIT "A"

00000794173500000 TOWN OAK BLK B/8146 LOT 1

INT201 1003 13961 DDl 1302011 CO-DC


SCOTT MARK JR 8146 00B 00100 3DA8146 00B
8580 ABRAMS RD
DALLAS, TX 75243-7606 8580 Abrams Rd. 75243-7606

LEGAL DESCRIPTION OF PROPERTY: BEING LOT 1 IN BLOCK B/8146 OF TOWN


OAK, AN ADDITION IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, AS
SHOWN BY THE GENERAL WARRANTY DEED WITH VENDOR'S LIEN RECORDED
AS INSTRUMENT NUMBER 201100313961 OF THE DEED RECORDS OF DALLAS
COUNTY, TEXAS AND MORE COMMONLY ADDRESSED AS 8580 ABRAMS ROAD,
THE CITY OF DALLAS, DALLAS COUNTY, TEXAS.

ABSTRACTOR'S FEE: $350.00 ( Texas Title Services _ ‘6TTS’9


)

DELINQUENT TAX STATEMENT


DALLAS COUNTY ACCT. NO. 00000794173500000

YEAR TAX AMT P &I TOTAL


2017 $1,588.41 $794.20 $2,382.61
2018 $1,747.26 $402.75 $2,150.01

TOTAL $3,335.67 $1,196.95 $4,532.62

PARKLAND HOSPITAL DISTRICT ACCT. NO. 000007941 73500000

YEAR TAX AMT P &I TOTAL


2017 $1,825.60 $912.80 $2,738.40
2018 $2,008.16 $462.88 $2,471.04

TOTAL $3,833.76 $1,375.68 $5,209.44

DALLAS COUNTY COMMUNITY COLLEGE DISTRICT ACCT. NO. 00000794173500000

YEAR TAX AMT P &I TOTAL


2017 $811.77 $405.88 $1,217.65
2018 $891.24 $205.43 $1,096.67

TOTAL $1,703.01 $61 1.31 $2,314.32

DALLAS COUNTY SCHOOL EQUALIZATION FUND ACCT. NO. 00000794173500000

YEAR TAX AMT P &I TOTAL


2017 $65.34 $32.68 $98.02
2018 $71.87 $16.57 $88.44

TOTAL $137.21 $49.25 $186.46

Plaintiff” s Original Petition Page 4 of 5 Suitkey# 2452046


sdt Acct N0. 00000794 1 73500000
CITY OF DALLAS ACCT. NO. 00000794173500000

YEAR TAX AMT P &I TOTAL


20 1 7 $5,099.13 $2,549.56 $7,648.69
20 1 8 $5,582.45 $1,286.75 $6,869.20

TOTAL $10,681.58 $3,836.31 $14,517.89

TOTAL DUE AS OF FEBRUARY, 2019


TOTAL $ 1 9,691 .23 $7,069.50 $26,760.73

This suit covers all delinquent taxes owed 0n this property, Whether 0r not itemized herein for all

years. Penalty and interest continue t0 accrue monthly at lawful rates.

THE ABOVE AMOUNTS DO NOT INCLUDE ANY FEES DUE THE DISTRICT CLERK OF
THE COUNTY WHERE THIS SUIT IS FILED. TEXAS LAW MAKES YOU RESPONSIBLE
FOR PAYMENT OF THESE FEES. PLEASE CONTACT THE LAW FIRM FOR THE
AMOUNT DUE. THESE FEES MUST BE PAID BEFORE THE SUIT WILL BE DISMISSED.
PAYMENT OF COURT COSTS MUST BE IN THE FORM OF A CASHIERS CHECK OR
MONEY ORDER.

Plaintiff” s Original Petition Page 5 of 5 Suitkey# 2452046


sdt Acct N0. 00000794 1 73500000

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