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Motion For Substitued Service Against Nancy Carroll (Jackson/Spinks)

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CAUSE NO: D-1-GN-16-000360

THE STATE OF TEXAS


Plaintiff,
V.

MILLENNIUM CLOSING SERVICES, LLC


D/B/A MILLENNIUM TITLE
Defendant.

2/16/2016 8:53:01 AM
Velva L. Price
District Clerk
Travis County
D-1-GN-16-000360
Tamara Franklin

IN THE DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

53rd JUDICIAL DISTRICT

SPECIAL DEPUTY RECEIVERS MOTION FOR SUBSTITUTED SERVICE

TO THE HONORABLE JUDGE OF THIS COURT:


CANTILO & BENNETT, L.L.P., Special Deputy Receiver of Millennium Closing Services,
L.L.C. d/b/a Millennium Title (the SDR and Millennium Title, respectively), files this Motion
for Substituted Service on Nancy B. Carroll a/k/a Nancy Jackson Carroll a/k/a Nancy Carroll a/k/a
Nancy Spinks, d/b/a PSS Title, d/b/a Southwest Bank Acquisitions, LP, d/b/a SWBANKACQ,
LLC and d/b/a ZAPP Trust (collectively, Ms. Carroll).
I.

INTRODUCTION

The SDR files this Motion pursuant to TEX. R. CIV. P. 106. As more fully described below,
the court has entered a temporary restraining order against Ms. Carroll. Efforts to serve Ms.
Carroll, a Texas resident, with the writ have been unsuccessful. The SDR has now learned that she
has been arrested and is held at the Lake County Illinois jail. Illinois law provides for service on
jail inmates. The SDR requests that the court authorize service on Ms. Carroll pursuant to the
provisions of the Illinois statute. The SDR moves the Court for an order authorizing substituted
service on Ms. Carroll of (i) the Order Granting Special Deputy Receivers Application for a
Temporary Restraining Order [Carroll] and writ,

and (ii) the Order Granting Special Deputy

Receivers Application for a Temporary Injunction and Extending Temporary Restraining Order

[Carroll] and writ.


II.
1.

FACTS

Nancy Jackson Carroll is an individual residing in Keller, Tarrant County, Texas.

Ms. Carroll has several aliases including Nancy B. Carroll, Nancy Lelia Carroll, Nancy Jackson
Spinks. She does business under the names of PSS Title, Southwest Bank Acquisitions, LP,
SWBANKACQ, LLC and ZAPP Trust.
2.

The SDR filed its Application to Enforce Permanent Injunction and for Issuance of

Temporary Restraining Order and for Writs of Temporary and Permanent Injunction against Ms.
Carroll and others on February 1, 2016.
3.

On February 2, 2016, this Court entered its Order granting the SDRs Application

for a Temporary Restraining Order (the TRO) enjoining Nancy B. Carroll a/k/a Nancy Jackson
Carroll a/k/a Nancy Carroll; NJC Carroll Law, PLLC d/b/a Integrity Title d/b/a Texas Title;
Millennium 1031 Exchange Services, LLC a/k/a Millennium Title 1031; MT&PS, LLC; ZAPP
TRUST; Southwest Bank Acquisitions, LP; SWBANKACQ, LLC; and PSS Title (collectively,
the Carroll Respondents) and Prosperity Bank; Independent Bank f/k/a Grand Bank; Capitol
One National Association; and Wells Fargo Bank, N.A (collectively, the Bank Respondents).
All of the respondents, with the exception of Nancy B. Carroll a/k/a Nancy Jackson Carroll a/k/a
Nancy Carroll; (Carroll) and her aliases and/or d/b/as ZAPP TRUST; Southwest Bank
Acquisitions, LP; SWBANKACQ, LLC; and PSS Title have been served.
4.

On February 11, 2016 this court entered its Order Granting Special Deputy

Receivers Application for a Temporary Injunction and Extending Temporary Restraining Order
[Carroll].
5.

To date respondent Ms. Carroll, both individually and as d/b/a, has not been served

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 2 OF 8

with this Courts Temporary Restraining Order and writ. Evidence submitted with this motion
establishes that there have been repeated efforts to personally serve Ms. Carroll, that she has left
the state and is presently in custody at the Lake County, Illinois jail.
6.

This Motion is supported by the Affidavits of Gary Sherman, a licensed process

server in the state of Texas.

Mr. Sherman has attempted to personally serve the Carroll

Respondents as shown in his Affidavits. See Affidavits of Gary Sherman attached hereto as
Exhibit A.
7.

Mr. Sherman attempted to serve the Carroll Respondents at 1805 Queensbridge,

Keller, Texas 76262 known to be Nancy Jackson Carrolls residence. See Exhibit A.
8.

Mr. Sherman made three (3) attempts at varying times at this address but was

unsuccessful as detailed in the affidavits in support of this motion.


9.

This Motion is also supported by the Affidavit of Scott Robert Pomeroy, a licensed

process server in the state of Texas. Mr. Pomeroy has attempted to personally serve the Carroll
Respondents, as shown by his Affidavits. See Affidavits of Scott Robert Pomeroy attached hereto
as Exhibit B.
10.

Mr. Pomeroy attempted to serve the Carroll Respondents at 4401 Hwy 198,

Malakoff, Texas 75148 believed to be Nancy Jackson Carrolls lake house vacation home.
However, Mr. Pomeroy observed that the property was vacant and no one appeared to be living at
that residence. See Exhibit B.
11.

Mr. Pomeroy made two (2) attempts at this address but was unsuccessful as detailed

in the affidavits in support of this motion.


12.

The affidavit of Brian Falligant, attached as Exhibit C, establishes that on February

11, 2016, Nancy Jackson Carroll was arrested in Lake Forest, Illinois by local authorities. Ms.

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 3 OF 8

Carroll was booked by the Lake County Sheriffs Department under her alias, Nancy Jackson
Spinks. She has not been released pending further hearings before the Lake County court.
III.
13.

RELIEF SOUGHT

TEX. R. CIV. P. 108 provides that service on a party that is absent from the state

shall be the same as provided for a party that is in the state. TEX. R. CIV. P. 106(b) authorizes
substituted service at any other place where a party can be found and in a manner to be reasonably
effective to give the party notice of the lawsuit.
14.

Illinois law, 735 Illinois Compiled Statutes 5/2-203.2, provides that an inmate can

be served with process through personal service on a representative of the jail in which the party
is incarcerated, as follows:
Sec. 2-203.2. Service on an inmate. For the security of a correctional institution
or facility or jail, a process server may be refused entry into that correctional institution or
facility or jail. Each correctional institution or facility or jail shall designate a representative
to accept service from a licensed or registered private detective or agency for purposes of
effectuating service upon an inmate in the custody of the institution, facility, or jail. With
respect to an inmate incarcerated in an Illinois Department of Corrections facility, the
process server shall contact the chief administrative officer in advance to arrange and
designate the time and date, during regularly scheduled business hours, that the facility
representative will meet with and accept service from the process server. Service upon a
warden's or sheriff's representative shall constitute substitute service and a mailing to the
inmate of the process shall be completed by the server in accordance with Section 2-202.
A warden's or sheriff's representative accepting substitute service shall forward the process
to the inmate, but if for any reason the process is not forwarded to the inmate, the sheriff,
sheriff's representative, warden, or warden's representative shall not be responsible for any
civil fine or penalty, or have other liability. If for any reason an inmate is not in the
correctional institution or facility or jail at the time of the service of process, a warden's or
sheriff's representative may refuse to accept service for the inmate. If it is determined after
the process has been left with the designated representative, that the inmate is not present
at that institution or facility or jail, the designated representative shall promptly return it to
the licensed or registered private detective or agency, indicating that the substitute service
could not be effectuated. The process server shall promptly notify the court of the
unsuccessful service.
(Source: P.A. 96-1451, eff. 8-20-10.)
15.

Subject to this Courts order, the SDR has arranged for an Illinois process server to serve the

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 4 OF 8

designated representative of the Lake County Jail at 20 S. Country Street, Waukegan, Illinois
60085 on behalf of Ms. Carroll.
16.

Plaintiff requests that the Court issue an order authorizing substituted service on

Ms. Carroll of (i) the Order Granting Special Deputy Receivers Application for a Temporary
Restraining Order [Carroll] and writ, and (ii) Order Granting Special Deputy Receivers
Application for a Temporary Injunction and Extending Temporary Restraining Order [Carroll] and
writ.
17.

The SDR further requests that, in the event Ms. Carroll is released from custody

before substituted service can be accomplished, the court authorize personal service on Mr.
Carroll.
PRAYER
WHEREFORE PREMISES CONSIDERED, Cantilo & Bennett, L.L.P., Special Deputy
Receiver of Millennium Closing Services, L.L.C. d/b/a Millennium Title respectfully requests that
this Court authorize service upon Nancy B. Carroll a/k/a Nancy Jackson Carroll a/k/a Nancy
Carroll, a/k/a Nancy Spinks, d/b/a PSS Title, Southwest Bank Acquisitions, LP, SWBANKACQ,
LLC and ZAPP Trust, in the manner set forth in TEX. R. CIV. P. 106(b) by delivering a true and
correct copy of the (i) Order Granting Special Deputy Receivers Application for a Temporary
Restraining Order [Carroll], Special Deputy Receivers Application to Enforce Permanent
Injunction and for Issuance of Temporary Restraining Order and writ, and (ii) Order Granting
Special Deputy Receivers Application for a Temporary Injunction and Extending Temporary
Restraining Order [Carroll] and writ to Ms. Carroll at the Lake County Jail, 20 S. Country Street,
Waukegan, Illinois 60085 by and through its designated facility representative, and further

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 5 OF 8

authorizing personal service on Ms. Carroll in the event that she is released before she can served
in jail.

Respectfully submitted,
FULLER LAW GROUP
By:

/s/Christopher Fuller
Christopher Fuller
State Bar No. 07515500
4612 Ridge Oak Drive
Austin, Texas 78731
Telephone: (512) 470-9544
Email: cfuller@fullerlaw.org

Attorney for CANTILO & BENNETT, L.L.P.,


Special Deputy Receiver of
Millennium Closing Services, L.L.C.
d/b/a Millennium Title

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 6 OF 8

CERTIFICATE OF SERVICE
I certify that on February 16, 2016, the foregoing Special Deputy Receivers Motion for
Substituted Service was served pursuant to the Texas Rules of Civil Procedure and TEX. INS. CODE
ANN. CHAPTER 443 on the following by electronic mail, except as specifically noted:
Via e-Service: specialmasterclerk@tdi.texas.gov
Special Masters Clerk
TEXAS DEPARTMENT OF INSURANCE
582 Rehabilitation & Liquidation Oversight
PO Box 149104
Austin, Texas 78714-9104

Via e-Service: James.Kennedy@tdi.texas.gov


James Kennedy
TEXAS DEPARTMENT OF INSURANCE
872 Legal Services\Liquidation Allocated
110-1A
PO Box 149104
Austin, Texas 78714-9104

Via e-Service: Kimberly.Hammer@tdi.texas.gov


Kimberly Hammer
TEXAS DEPARTMENT OF INSURANCE
PO Box 149104
Austin TX 78714-9104

Via e-Service:
Cynthia.Morales@texasattorneygeneral.gov
Cynthia Morales
Assistant Attorney General
Financial, Litigation, Tax, & Charitable Trusts
OFFICE OF THE TEXAS ATTORNEY GENERAL
P.O. Box 12548
Austin, Texas 78711-2548

Via e-Service: Vicente.Aguillon@tdi.texas.gov


Vicente Aguillon
TEXAS DEPARTMENT OF INSURANCE
Rehabilitation & Liquidation Oversight
PO Box 149104
Austin, Texas 78714-9104

Via e-Service:: Kergin@burtonhyde.com


Kergin B. Bedell
BURTON & HYDE, PLLC
311 West 5th Street, Suite 100
Austin, Texas 78701

Via First Class Mail


INTERNAL REVENUE SERVICE
Special Procedures Branch
P.O. Box 250
300 East 8th Street, Suite 352
Mail Stop 5022AUS
Austin, TX 78701

Via First Class Mail


INTERNAL REVENUE SERVICE
Centralized Insolvency Operation
P.O. Box 7346
Philadelphia, PA 19101-7346

Via e-Service: kyelkin@gardere.com


Kimberly A. Yelkin
GARDERE WYNNE SEWELL LLP
3000 One American Center
600 Congress Avenue
Austin, Texas 78701

Via e-Service: msaenz@gardere.com


Marisol M. Saenz
GARDERE WYNNE SEWELL LLP
3000 One American Center
600 Congress Avenue
Austin, Texas 78701

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 7 OF 8

Via e-Service: jason@vandykelawfirm.com


Jason Lee Van Dyke
The Van Dyke Law Firm
200 Chisholm Place #250
Plano, TX 75075
Counsel for Maverick Title of Texas, LLC
/s/Christopher Fuller
Christopher Fuller

SDRS MOTION FOR SUBSTITUTED SERVICE CARROLL

PAGE 8 OF 8

AFFIDAVIT OF GARY SHERMAN


My name is GARY SHERMAN, I am over the age of eighteen and I am competent to
make this affidavit. The facts stated here in are true & correct.

CAUSE NO. D-1-GN-16-000360


THE STATE OF TEXAS,
Plaintiff

IN THE DISTRICT COURT OF

vs

TRAVIS COUNTY, TEXAS

MILLENNIUM CLOSING SERVICES,


LLC d/b/a MILLENNIUM TITLE
Defendant

53Ro JUDICIAL DISTRICT

On February 03RD, 2016, at 11:04am, I received a CITATION, PLAINTIFF'S


ORIGINAL AGREED PETITION, APPLICATION FOR ORDER APPOINTING
LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, TEMPORARY
RESTRAINING ORDER WRIT AND ORDER GRANTING SPECIAL DEPUTY
RECIEVER'S APPLICATION FOR A TEMPROARY RESTRAINING ORDER
[CARROLL} for delivery to NANCY JACKSON CARROLL at 1805 Queensbridge,
Keller, Texas 76262.
02/03/16 @ 03:25pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door went unanswered. There was one vehicle
present and parked on the street in front of the residence with Texas license plates
numbered FXZ0127. Per Texas DMV records, this vehicle is owned by and registered to
NANCY JACKSON CARROLL. The registration address is 1805 Queensbridge,
Keller, Texas 76262.
02/03/ 16 @ 03:10pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door again went unanswered . The vehicle
registered to NANCY JACKSON CARROLL was still parked in the street I front of the
home. On this visit there was an additional vehicle parked in the driveway. The vehicle
had affixed to it Texas license plates numbered GFW3714. Per Texas DMV records, this
vehicle is owned by and registered to Shelby W. Carroll. The registration address is 8158
Westwind Ct., North Richland Hills, Texas 76182.
02/04/ 16 @ 01: 15pm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door was answered by an unknown male who
identified himself as Shelby Carroll. I asked Mr. Carroll if I could speak with NANCY
JACKSON CARROLL. Mr. Carroll stated that NANCY JACKSON CARROLL does
not live here. I explained to Mr. Carroll that we had found that the vehicle parked in fron
of the home was owned by and registered to NANCY JACKSON CARROLL. Mr.
Carroll replied that NANCY JACKSON CARROLL had parked her vehicle there some
time ago and that I vehicle transport company was supposed to come by and retrieve it to
be shipped elsewhere. I asked Mr. Carroll if he knew where the vehicle was being

Exhibit
A

shipped, Mr. Carroll replied that he did not. I then asked Mr. Carroll if he knew where
NANCY JACKSON CARROLL was living, Mr. Carroll replied that he did not. For
unknown reasons and without provocation, Mr. Carroll stated that he knew NANCY
JACKSON CARROLL had hired a criminal attorney.
The residence located at 1805 Queensbridge, Keller, Texas 76262 is owned by ZAPP
TRUST, which its listed address is 771 E. Southlake Blvd, Southlake, Texas 76092.

SCHOOOOOO 117
Exp. 8/31 / 17

Date

Signed and sworn to by the


(_

16, to certify which witness my hand

,.--~~'.::.~"~~';,,,
KATHLEEN M. MILLER
[--,:~;?~ Notary Public. St ole of Texas
~ -::.f~.:. E

-~,,:;;-1: ;,\~--~
"""\

My Commission Expires
August 25. 2019

AFFIDAVIT OF GARY SHERMAN


My name is GARY SHERMAN, I am over the age of eighteen and I am competent to
make this affidavit. The facts stated here in are true & correct.
CAUSE NO. D-1-GN-16-000360
THE STATE OF TEXAS,
Plaintiff

IN THE DISTRICT COURT OF

vs

TRAVIS COUNTY, TEXAS

MILLENNIUM CLOSING SERVICES,


LLC d/b/a MILLENNIUM TITLE
Defendant

53Rn JUDICIAL DISTRICT

On February 03RD, 2016, at 11:04am, I received a CITATION, PLAINTIFF'S


ORIGINAL AGREED PETITION, APPLICATION FOR ORDER APPOINTING
LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, TEMPORARY
RESTRAINING ORDER WRIT AND ORDER GRANTING SPECIAL DEPUTY
RECIEVER'S APPLICATION FOR A TEMPROARY RESTRAINING ORDER
[CARROLL] for deli very to PSS TITLE by delivering to NANCY JACKSON
CARROLL at 1805 Queensbridge, Keller, Texas 76262.
02/03/16 @ 03 :25pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door went unanswered. There was one vehicle
present and parked on the street in front of the residence with Texas license plates
numbered FXZ0127. Per Texas DMV records, this vehicle is owned by and registered to
NANCY JACKSON CARROLL. The registration address is 1805 Queensbridge,
Keller, Texas 76262 .
02103116 @ 03: 1Opm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door again went unanswered. The vehicle
registered to NANCY JACKSON CARROLL was still parked in the street I front of the
home. On this visit there was an additional vehicle parked in the driveway. The vehicle
had affixed to it Texas license plates numbered GFW3714. Per Texas DMV records, this
vehicle is owned by and registered to Shelby W. Carroll. The registration address is 8158
Westwind Ct., North Richland Hills, Texas 76182.

02/04/16 @ 01: l 5pm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door was answered by an unknown male who
identified himself as Shelby Carroll. I asked Mr. Carroll if I could speak with NANCY
JACKSON CARROLL. Mr. Carroll stated that NANCY JACKSON CARROLL does
not live here. I explained to Mr. Carroll that we had found that the vehicle parked in fron
of the home was owned by and registered to NANCY JACKSON CARROLL. Mr.
Carroll replied that NANCY JACKSON CARROLL had parked her vehicle there some
time ago and that I vehicle transport company was supposed to come by and retrieve it to
be shipped elsewhere. I asked Mr. Carroll if he knew where the vehicle was being

shipped, Mr. Carroll replied that he did not. I then asked Mr. Carroll if he knew where
NANCY JACKSON CARROLL was living, Mr. Carroll replied that he did not. For
unknown reasons and without provocation, Mr. Carroll stated that he knew NANCY
JACKSON CARROLL had hired a criminal attorney.
The residence located at 1805 Queensbridge, Keller, Texas 76262 is owned by ZAPP
TRUST, which its listed address is 771 E. Southlake Blvd, Southlake, Texas 76092.

Date

This

AFFIDAVIT OF GARY SHERMAN


My name is GARY SHERMAN, I am over the age of eighteen and I am competent to
make this affidavit. The facts stated here in are true & correct.

CAUSE NO. D-1-GN-16-000360


THE ST ATE OF TEXAS,
Plaintiff

IN THE DISTRICT COURT OF

vs

TRAVIS COUNTY, TEXAS

MILLENNIUM CLOSING SERVICES,


LLC d/b/a MILLENNIUM TITLE
Defendant

53Rn JUDICIAL DISTRICT

On February 03Ro, 2016, at 11 :04am, I received a CITATION, PLAINTIFF'S


ORIGINAL AGREED PETITION, APPLICATION FOR ORDER APPOINTING
LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, TEMPORARY
RESTRAINING ORDER WRIT AND ORDER GRANTING SPECIAL DEPUTY
RECIEVER'S APPLICATION FOR A TEMPROARY RESTRAINING ORDER
[CARROLL] for delivery to SOUTHWEST BANK ACQUISITIONS LP by
delivering to NANCY JACKSON CARROLL at 1805 Queensbridge, Keller, Texas
76262.

02103116 @ 03:25pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After


knocking on the door several times, the door went unanswered. There was one vehicle
present and parked on the street in front of the residence with Texas license plates
numbered FXZ0127. Per Texas DMV records, this vehicle is owned by and registered to
NANCY JACKSON CARROLL. The registration address is 1805 Queensbridge,
Keller, Texas 76262.
02103116 @ 03: 1Opm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door again went unanswered. The vehicle
registered to NANCY JACKSON CARROLL was still parked in the street I front of the
home. On this visit there was an additional vehicle parked in the driveway. The vehicle
had affixed to it Texas license plates numbered GFW3714. Per Texas DMV records, this
vehicle is owned by and registered to Shelby W. Carroll. The registration address is 8158
Westwind Ct., North Richland Hills, Texas 76182.
02/04/16 @ 01:15pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door was answered by an unknown male who
identified himself as Shelby Carroll. I asked Mr. Carroll if I could speak with NANCY
JACKSON CARROLL. Mr. Carroll stated that NANCY JACKSON CARROLL does
not live here. I explained to Mr. Carroll that we had found that the vehicle parked in fron
of the home was owned by and registered to NANCY JACKSON CARROLL. Mr.
Carroll replied that NANCY JACKSON CARROLL had parked her vehicle there some
time ago and that I vehicle transport company was supposed to come by and retrieve it to

be shipped elsewhere. I asked Mr. Carroll if he knew where the vehicle was being
shipped, Mr. Carroll replied that he did not. I then asked Mr. Carroll if he knew where
NANCY JACKSON CARROLL was living, Mr. Carroll replied that he did not. For
unknown reasons and without provocation, Mr. Carroll stated that he knew NANCY
JACKSON CARROLL had hired a criminal attorney.
The residence located at 1805 Queensbridge, Keller, Texas 76262 is owned by ZAPP
TRUST, which its listed address is 771 E. Southlake Blvd, Southlake, Texas 76092.

Date

Signed and .sworn


This

to~ qa. t}f ~h.t ,. .-

)! . day ~

r 'V\" "'l

before me

2016, to certify which witness my hand

ice.
,,,:;::.:~;'.;-,,,
KATHLEEN M. MILLER
P,:';J."~-1 Notary Puti11c, Stole of Texas
;_ -;./Jf.. . . J My Commission Expires
~ " ..i ~~'''"
"' ~ugus '25 . 2019
~t0J_

AFFIDAVIT OF GARY SHERMAN


My name is GARY SHERMAN, I am over the age of eighteen and I am competent to
make this affidavit. The facts stated here in are true & correct.

CAUSE NO. D-1-GN-16-000360


THE STATE OF TEXAS,
Plaintiff

IN THE DISTRICT COURT OF

vs

TRAVIS COUNTY, TEXAS

MILLENNIUM CLOSING SERVICES,


LLC d/b/a MILLENNIUM TITLE
Defendant

53Ro JUDICIAL DISTRICT

On February 03RD, 2016, at l 1:04am, I received a CITATION, PLAINTIFF'S


ORIGINAL AGREED PETITION, APPLICATION FOR ORDER APPOINTING
LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, TEMPORARY
RESTRAINING ORDER WRIT AND ORDER GRANTING SPECIAL DEPUTY
RECIEVER'S APPLICATION FOR A TEMPROARY RESTRAINING ORDER
[CARROLL] for delivery to SWBANKACQ LLC by delivering to NANCY
JACKSON CARROLL at 1805 Queensbridge, Keller, Texas 76262.
02/03/16 @ 03:25pm - I aiTived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door went unanswered. There was one vehicle
present and parked on the street in front of the residence with Texas license plates
numbered FXZ0127. Per Texas DMV records, this vehicle is owned by and registered to
NANCY JACKSON CARROLL. The registration address is 1805 Queensbridge,
Keller, Texas 76262.
02/03/16 @ 03: 1Opm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door again went unanswered. The vehicle
registered to NANCY JACKSON CARROLL was still parked in the street I front of the
home. On this visit there was an additional vehicle parked in the driveway. The vehicle
had affixed to it Texas license plates numbered GFW3714. Per Texas DMV records, this
vehicle is owned by and registered to Shelby W. Carroll. The registration address is 8158
Westwind Ct. , North Richland Hills, Texas 76182.
02/04/16 @ 01: 15pm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door was answered by an unknown male who
identified himself as Shelby Carroll. I asked Mr. Carroll if I could speak with NANCY
JACKSON CARROLL. Mr. Carroll stated that NANCY JACKSON CARROLL does
not live here. I explained to Mr. Carroll that we had found that the vehicle parked in fron
of the home was owned by and registered to NANCY JACKSON CARROLL. Mr.
Carroll replied that NANCY JACKSON CARROLL had parked her vehicle there some
time ago and that I vehicle transport company was supposed to come by and retrieve it to
be shipped elsewhere. I asked Mr. Carroll if he knew where the vehicle was being

shipped, Mr. Carroll replied that he did not. I then asked Mr. Carroll if he knew where
NANCY JACKSON CARROLL was living, Mr. Carroll replied that he did not. For
unknown reasons and without provocation, Mr. Carroll stated that he knew NANCY
JACKSON CARROLL had hired a criminal attorney.
The residence located at 1805 Queensbridge, Keller, Texas 76262 is owned by ZAPP
TRUST, which its listed address is 771 E. Southlake Blvd, Southlake, Texas 76092.

Date

a, (l,dCf/\A
Q
,~('fYl Ct v1
1

Signed and sworn to ~1/t:,i d


This

cg

and seal of o

day

o~W

before me

2016, to certify which witness my hand

.
.. .~,~~~~~~'f~11,,

.#'-'~~,;;
KATHLEEN M. MILLER
~ .. :.,~) j Notory f>uo11c. State ot Texas
--;.:,
. i~\<:
My ACanim;ss1on Ex"ires
,,, <11'
,..
,.,
111111 1
~
" "
ugusr 25, 2019

AFFIDAVIT OF GARY SHERMAN


My name is GARY SHERMAN, I am over the age of eighteen and I am competent to
make this affidavit. The facts stated here in are true & con-ect.

CAUSE NO. D-1-GN-16-000360


THE ST ATE OF TEXAS,
Plaintiff

IN THE DISTRICT COURT OF

vs

TRAVIS COUNTY, TEXAS

MILLENNIUM CLOSING SERVICES,


LLC d/b/a MILLENNIUM TITLE
Defendant

53Ro JUDICIAL DISTRICT

On February 03Ro, 2016, at 11:04am, I received a CITATION, PLAINTIFF'S


ORIGINAL AGREED PETITION, APPLICATION FOR ORDER APPOINTING
LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, TEMPORARY
RESTRAINING ORDER WRIT AND ORDER GRANTING SPECIAL DEPUTY
RECIEVER'S APPLICATION FOR A TEMPROARY RESTRAINING ORDER
[CARROLL] for delivery to ZAPP TRUST by delivering to NANCY JACKSON
CARROLL at 1805 Queensbridge, Keller, Texas 76262.
02/03/16 @ 03 :25pm - I an-ived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door went unanswered. There was one vehicle
present and parked on the street in front of the residence with Texas license plates
numbered FXZ0127. Per Texas DMV records, this vehicle is owned by and registered to
NANCY JACKSON CARROLL. The registration address is 1805 Queensbridge,
Keller, Texas 76262.
02/03/ 16 @ 03:10pm - I arrived at 1805 Queensbridge, Keller, Texas 76262. After
knocking on the door several times, the door again went unanswered. The vehicle
registered to NANCY JACKSON CARROLL was still parked in the street I front of the
home. On this visit there was an additional vehicle parked in the driveway. The vehicle
had affixed to it Texas license plates numbered GFW3714. Per Texas DMV records, this
vehicle is owned by and registered to Shelby W. Canoll. The registration address is 8158
Westwind Ct. , North Richland Hills, Texas 76182.
02/04/16 @ 01: l 5pm - I arrived at 1805 Queens bridge, Keller, Texas 76262. After
knocking on the door several times, the door was answered by an unknown male who
identified himself as Shelby Carroll. I asked Mr. Carroll if I could speak with NANCY
JACKSON CARROLL. Mr. Carroll stated that NANCY JACKSON CARROLL does
not live here. I explained to Mr. Carroll that we had found that the vehicle parked in fron
of the home was owned by and registered to NANCY JACKSON CARROLL. Mr.
Carroll replied that NANCY JACKSON CARROLL had parked her vehicle there some
time ago and that I vehicle transport company was supposed to come by and retrieve it to
be shipped elsewhere. I asked Mr. Carroll if he knew where the vehicle was being

shipped, Mr. Carroll replied that he did not. I then asked Mr. CaiToll if he knew where
NANCY JACKSON CARROLL was living, Mr. Carroll replied that he did not. For
unknown reasons and without provocation, Mr. Carroll stated that he knew NANCY
JACKSON CARROLL had hired a criminal attorney.
The residence located at 1805 Queensbridge, Keller, Texas 76262 is owned by ZAPP
TRUST, which its listed address is 771 E. Southlake Blvd, Southlake, Texas 76092.

Date

CAUSE NO. D-1-GN-16-000360


IN THE DISTRICT COURT

THE STATE OF TEXAS,

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:29 P.M., I received a
CITATION, PLAINTIFF'S ORIGINAL AGREED PETITION, APPLICATION FOR ORDER
APPOINTING LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, AGREED ORDER
APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION, CIVIL CASE INFORMATION
SHEET AND A DOCUMENT TITLED, THE LAWYER REFERRAL SERVICE OF CENTRAL TEXAS
to be delivered to

NANCY B CARROLL A/KIA NANCY JACKSON CARROLL A/KIA NANCY CARROLL


at the address,

4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

Exhibit
B

NON-SERVE AFFIDAVIT FOR NANCY B CARROLL A/K/A NANCY JACKSON CARROLL A/K/A NANCY CARROLL

Page 1 of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

NANCY B CARROLL A/KIA NANCY JACKSON CARROLL A/K/A NANCY CARROLL

I do not have any other information about


NANCY B CARROLL A/K/A NANCY JACKSON CARROLL A/K/A NANCY CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971 , and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true

Executed in Kaufman County, State of Texas, on the

_j:!!:__

day

of_-1---<~~U4.o'4.4----' 2016.

:30

"

Scott Robert Pomeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR NANCY B CARROLL A/KIA NANCY JACKSON CARROLL A/KIA NANCY CARROLL
Page 2 of2

CAUSE NO. D-1-GN-16-000360


THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:29 P.M., I received a
TEMPORARY RESTRAINING ORDER WRIT, ORDER GRANTING SPECIAL DEPUTY
RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL],
SPECIAL DEPUTY RECEIVER'S APPLICATION TO ENFORCE PERMANENT INJUNCTION AND
FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND FOR WRITS OF TEMPORARY
AND PERMANENT INJUNCTION AND EXHIBIT(S)
to be delivered to

NANCY B CARROLL A/K/A NANCY JACKSON CARROLL A/K/A NANCY CARROLL


at the address,

4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR NANCY B CARROLL A/KIA NANCY JACKSON CARROLL A/KIA NANCY CARROLL

Page t of 2

Time
FEBRUARY 4, 2016 1:45 P.M.

Results
ON THIS FIRST ATTEMPT, THERE WAS NO ONE
AVAILABLE.
THIS HOUSE IS VA CANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

NANCY B CARROLL AIK/A NANCY JACKSON CARROLL AIK/A NANCY CARROLL


I do not have any other information about
NANCY B CARROLL AIK/A NANCY JACKSON CARROLL AIK/A NANCY CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971, and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true
Executed in Kaufman County, State of Texas, on the $ _ day

of_-=f.-..!!(;....'1..l..-~~!iC4----' 2016.

"

contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR NANCY B CARROLL A/KIA NANCY JACKSON CARROLL A!K/A NANCY CARROLL
Page 2 of2

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:30 P.M., I received a
CITATION, PLAINTIFF'S ORIGINAL AGREED PETITION, APPLICATION FOR ORDER
APPOINTING LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, AGREED ORDER
APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION, CIVIL CASE INFORMATION
SHEET AND A DOCUMENT TITLED, THE LAWYER REFERRAL SERVICE OF CENTRAL TEXAS
to be delivered to

PSS TITLE C/O NANCY JACKSON CARROLL


at the address,

4401HIGHWAY198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR PSS TITLE C/O NANCY JACKSON CARROLL

Page 1 of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

PSS TITLE C/O NANCY JACKSON CARROLL


I do not have any other information about PSS TITLE C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971 , and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true
Executed in Kaufman County, State of Texas, on the

_!ft:__

day

of~~~'Llllt.la.l'.K.!.----' 2016.
"

Scott Robert Pomeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDA VTT FOR PSS TITLE C/O NANCY JACKSON CARROLL

Page 2 of 2

CAUSE NO. D-1-GN-16-000360


THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RDJUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:30 P.M., I received a
TEMPORARY RESTRAINING ORDER WRIT, ORDER GRANTING SPECIAL DEPUTY
RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL],
SPECIAL DEPUTY RECEIVER'S APPLICATION TO ENFORCE PERMANENT INJUNCTION AND
FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND FOR WRITS OF TEMPORARY
AND PERMANENT INJUNCTION AND EXHIBIT(S)
to be delivered to

PSS TITLE C/O NANCY JACKSON CARROLL


at the address,

4401HIGHWAY198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR PSS TITLE C/O NANCY JACKSON CARROLL


Page 1 of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,
PSS TITLE C/O NANCY JACKSON CARROLL
I do not have any other information about PSS TITLE C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971, and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true and correct.

Executed in Kaufinan County, State of Texas, on

the ~ day o~

"

Scott Ro ert omeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR PSS TITLE C/O NANCY JACKSON CARROLL

Page 2 of2

'2016.

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:31 P.M., I received a
TEMPORARY RESTRAINING ORDER WRIT, ORDER GRANTING SPECIAL DEPUTY
RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL],
SPECIAL DEPUTY RECEIVER'S APPLICATION TO ENFORCE PERMANENT INJUNCTION AND
FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND FOR WRITS OF TEMPORARY
AND PERMANENT INJUNCTION AND EXHIBIT(S)
to be delivered to
SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL
at the address,
4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL

Page l of 2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL


I do not have any other information about
SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER/ ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971 , and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true a d correct.
Executed in Kaufman County, State of Texas, on the

.!ft::_

~----+~~UL\.c~.c.\----' 2016.

day ofL

"
contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL

Page 2 of2

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

53Ro JUDICIAL DISTRICT

PLAINTIFF(S)

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:31 P.M., I received a
CITATION, PLAINTIFF'S ORIGINAL AGREED PETITION, APPLICATION FOR ORDER
APPOINTING LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, AGREED ORDER
APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION, CIVIL CASE INFORMATION
SHEET AND A DOCUMENT TITLED, THE LAWYER REFERRAL SERVICE OF CENTRAL TEXAS
to be delivered to
SOUTHWEST BANK ACQUISITIONS LP
C/O NANCY JACKSON CARROLL
at the address,
4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-S ERVE AFFIDAVIT FOR SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL

Page 1 of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

SOUTHWEST BANK ACQUISITIONS LP


C/O NANCY JACKSON CARROLL

I do not have any other information about


SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER/ ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971 , and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true and correct.

Executed in Kaufinan County, State of Texas, on

the ~ day ofc__/~6

,,

Scott Robert Pomeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR SOUTHWEST BANK ACQUISITIONS LP C/O NANCY JACKSON CARROLL

Page 2 of2

' 2016.

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:32 P.M., I received a
CITATION, PLAINTIFF'S ORIGINAL AGREED PETITION, APPLICATION FOR ORDER
APPOINTING LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, AGREED ORDER
APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION, CIVIL CASE INFORMATION
SHEET AND A DOCUMENT TITLED, THE LA WYER REFERRAL SERVICE OF CENTRAL TEXAS
to be delivered to
SWBANKACQ LLC
C/O NANCY JACKSON CARROLL
at the address,
4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR SWBANKACQ LLC C/O NANCY JACKSON CARROLL

Page 1 of2

Time

FEBRUARY 4, 2016 1:45 P.M.

Results
ON THIS FIRST ATTEMPT, THERE WAS NO ONE
AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

SWBANKACQ LLC
C/O NANCY JACKSON CARROLL

I do not have any other information about


SWBANKACQ LLC C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971, and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true a
Executed in Kaufman County, State of Texas, on the _ _ __

,,
Scott Robert Pomeroy
contact@holeinoneprocess.com
NON-SERVE AFFIDAVIT FOR SWBANKACQ LLC C/0 NANCY JACKSON CARROLL

Page 2 of2

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:32 P.M., I received a
TEMPORARY RESTRAINING ORDER WRIT, ORDER GRANTING SPECIAL DEPUTY
RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL],
SPECIAL DEPUTY RECEIVER'S APPLICATION TO ENFORCE PERMANENT INJUNCTION AND
FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND FOR WRITS OF TEMPORARY
AND PERMANENT INJUNCTION AND EXHIBIT(S)
to be delivered to
SWBANKACQ LLC
C/O NANCY JACKSON CARROLL
at the address,
4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDA VlT FOR SWBANKACQ LLC C/0 NANCY JACKSON CARROLL

Page 1 of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

SWBANKACQ LLC C/O NANCY JACKSON CARROLL


I do not have any other information about
SWBANKACQ LLC C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER I ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971, and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true

Executed in Kaufinan County, State of Texas, on

the ~ day of_-FJ,...d,.,,c..0~~\--:;;---' 2016.

"

Scott Robert Pomeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR SWBANKACQ LLC C/O NANCY JACKSON CARROLL

Page 2 of2

CAUSE NO. D-1-GN-16-000360


THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:33 P.M., I received a
CITATION, PLAINTIFF'S ORIGINAL AGREED PETITION, APPLICATION FOR ORDER
APPOINTING LIQUIDATOR AND REQUEST FOR INJUNCTIVE RELIEF, AGREED ORDER
APPOINTING LIQUIDATOR AND PERMANENT INJUNCTION, CIVIL CASE INFORMATION
SHEET AND A DOCUMENT TITLED, THE LA WYER REFERRAL SERVICE OF CENTRAL TEXAS
to be delivered to

ZAPP TRUST
C/O NANCY JACKSON CARROLL
at the address,

4401 HIGHWAY 198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR ZAPP TRUST C/O NANCY JACKSON CARROLL

Pagel of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

ZAPP TRUST
C/O NANCY JACKSON CARROLL

I do not have any other information about


ZAPP TRUST C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER/ ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971, and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true

Executed in Kaufinan County, State of Texas, on

the ~ day o,,,,,f--1-=-><"'-""-'"-'=--=----.,.- - ' 2016.

~~

,,

contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR ZAPP TRUST C/O NANCY JACKSON CARROLL

Page 2 of2

CAUSE NO. D-1-GN-16-000360

THE STATE OF TEXAS,

IN THE DISTRICT COURT

PLAINTIFF(S)

53RD JUDICIAL DISTRICT

vs.

MILLENNIUM CLOSING SERVICES,


LLC D/B/A MILLENNIUM TITLE

DEFENDANT(S)

OF TRAVIS COUNTY, TEXAS

NON-SERVE AFFIDAVIT
On THURSDAY, FEBRUARY 4, 2016, at 12:33 P.M., I received a
TEMPORARY RESTRAINING ORDER WRIT, ORDER GRANTING SPECIAL DEPUTY
RECEIVER'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER [CARROLL],
SPECIAL DEPUTY RECEIVER'S APPLICATION TO ENFORCE PERMANENT INJUNCTION AND
FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND FOR WRITS OF TEMPORARY
AND PERMANENT INJUNCTION AND EXHIBIT(S)
to be delivered to

ZAPP TRUST
C/O NANCY JACKSON CARROLL
at the address,

4401HIGHWAY198, MALAKOFF, TEXAS 75148

The following are my attempts to deliver said documents to the Defendant.

NON-SERVE AFFIDAVIT FOR ZAPP TRUST C/O NANCY JACKSON CARROLL

Page J of2

Results
FEBRUARY 4, 2016 1:45 P.M.

ON THIS FIRST ATTEMPT, THERE WAS NO ONE


AVAILABLE.
THIS HOUSE IS VACANT.
I LEFT MY CONTACT INFORMATION ON THE FRONT
DOOR OF THE ABODE.

FEBRUARY 5, 2016 9:30 A.M.

ON THIS SECOND ATTEMPT, THERE WAS NO ONE


AVAILABLE.
IT DID NOT APPEAR AS THOUGH ANYONE HAD BEEN
THERE SINCE MY FIRST ATTEMPT, AS MY CONTACT
INFORMATION WAS STILL PRESENT ON THE FRONT
DOOR OF THE ABODE.

Due to the above-referenced information, I am unable to deliver said documents to the Defendant,

ZAPP TRUST
C/O NANCY JACKSON CARROLL
I do not have any other information about
ZAPP TRUST C/O NANCY JACKSON CARROLL.

SCOTT POMEROY OF: KAUFMAN COUNTY


CERTIFIED TEXAS PROCESS SERVER/ ID# SCH-2382, MY CERTIFICATION EXPIRES 12/31/2018
"My name is Scott Robert Pomeroy, my date of birth is July 20, 1971 , and
my address is 15784 Hilltop Drive, Kemp, Texas, 75143, and
The United States of America.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Kaufman County, State of Texas, on

the ~ day of,.------J-~~MG~~--' 2016.

"

Scott Robert Pomeroy


contact@holeinoneprocess.com

NON-SERVE AFFIDAVIT FOR ZAPP TRUST C/O NANCY JACKSON CARROLL


Page 2 of2

Exhibit
C

CAUSE NO: D-1-GN-16-000360


THE STATE OF TEXAS
Plaintiff,
V.

MILLENNIUM CLOSING SERVICES, LLC


D/B/A MILLENNIUM TITLE
Defendant.

IN THE DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

53rd JUDICIAL DISTRICT

AFFIDAVIT OF BRIAN M. FALLIGANT


STATE OF TEXAS
COUNTY OF TRAVIS

BEFORE ME, the undersigned Notary Public, on this day, personally appeared Brian M.
Falligant, known to me to be the person whose name is subscribed hereto, and after being duly
sworn on oath stated the following:
1.

My name is Brian M. Falligant. I am over the age of eighteen and am competent


to make this affidavit. I have personal knowledge of the facts as stated in this
affidavit and the facts started are true and correct.

2.

On February 15, 2016, I obtained a copy of the docket sheet in Case Number
16CF00000400, People vs. Spinks from the Lake County Clerk Circuit Court
website. A true and correct copy of the Docket Sheet is attached to this Affidavit
as Exhibit 1.

3.

The Docket Sheet indicates that as of February 13, 2016, the Defendant was
presently in custody.

4.

On February 15, 2016, I obtained a copy of the Inmate Detail for Nancy Jackson
Spinks from the Lake County Illinois Sheriffs website. A true and correct copy
of the Inmate Detail is attached to this Affidavit as Exhibit 2.

5.

The Inmate Detail indicates that she is in full custody at the Lake County Illinois
jail with two pending charges. A bond review on the fugitive from justice offense
is currently set for February 16, 2016 at 9:00 a.m.

6.

On February 15, 2016 at 4:02 p.m., I contacted the Lake County, Illinois jail
inquiring as to Nancy Jackson Spinks current whereabouts. Amy in the Lake
County, Illinois booking department confirmed that Nancy Jackson Spinks is

AFFIDAVIT OF BRIAN M. FALLIGANT

PAGE 1 OF 2

currently in their custody."


FURTHER AFFIANT SAYETH NOT.

B~Uf/=

2016.
.........

. A~.;.,
\"J;,~..f:/

il

.~~

...\':..

ROMAN FLORES

MyNotarfl0#129762309
expires March 26. 201& - ~

...........

AFFIDAVIT OF BRIAN M. FALLIGANT

PAGE 2 OF2

Public Access - Court Case Details

Search

Page 1 of 1

Contact Us

Search > Select a Case > Case Number 16CF00000400, PEOPLE VS SPINKS

Court Case Details


Case Number: 16CF00000400

Case Status: ACTIVE

Case Title: PEOPLE VS SPINKS

Filed Date: 2016-02-11

Case Type: CRIMINAL FELONY

Parties on Case

Charges/Disposition/Sentences

Court Events

Documents Filed

Financ

FUTURE COURT EVENTS


Event Date

Event Time

2016-02-16

Courtroom

09:00:00

C120

Event Type
BOND REVIEW

PREVIOUS COURT EVENTS


Event Date

Courtroom

2016-02-13

C120

DEF PRESENT IN CUSTODY

Event Type

2016-02-13

C120

ORDER ENTERED

2016-02-13

C120

ATTORNEY GIVEN LEAVE TO FILE APPEARANCE

2016-02-13

C120

BOND HEARING

2016-02-13

C120

BOND SET

2016-02-13

C120

PRETRIAL SERVICES BOND REPORT ORDERED

2016-02-13

C120

BOND REVIEW DATE SET

2016-02-13

C120

FILE DEMAND FOR SPEEDY TRIAL

2016-02-13

C120

REMAND

Exhibit
1

https://circuitclerk.lakecountyil.gov/publicAccess/html/common/courtCaseDetails.xhtml?c... 2/15/2016

Lake County Sheriff - Inmate Detail

Page 1 of 1

Inmate Detail
Name: NANCY JACKSON SPINKS
Address: LAKE FOREST, IL 60045
Booking #: l158940
Sex: F
Status: Full Custody
Visit_Inmate
Confined
02/11/2016
02/11/2016

Fund Inmate Account

Court Date
Disposition Bond Type
02/16/2016 09:00
PENDING
02/16/2016 09:00
PENDING
TEN

Bond Amount
$250,000.00

Offense
FUGITIVE FROM JUSTICE
THEFT/STOLEN/INTENT PERS <$500

Close

Exhibit
2

http://apps01.lakecountyil.gov/spsheriff/inmatesearch/InmateDetail.aspx?BookingNumber... 2/15/2016

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