Preview
5/23/2019 4:45 PM
Marilyn Burgess - District Clerk Harris County
2019-35790 / Court: 129 Envelope No. 33829564
By: Miaeda Hutchinson
Filed: 5/23/2019 4:45 PM
Cause No:
NATIONA JUDGMENT RECOVERY § IN THE DISTRICT COURT OF
CENTER, LP
Plaintiff
vs.
HARRIS COUNTY, TEXAS
EDWARD BULLOCK III
Defendant JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION FOR PARTITION OF REAL ESTATE
TO THE HONORABLE JUDGE OF THIS COURT:
Comes now, Plaintiff, NATIONAL JUDGMENT RECOVERY CENTER, LP (“National
Judgment”), and files this Original Petition for Partition of Real Estate complaining of and against
Defendant, EDWARD BULLOCK III (“Bullock”), and would respectfully show the Court the
following:
DISCOVERY CONTROL PLAN LEVEL
1 Plaintiff intends to conduct discovery under Level 2 pursuant to Rule 190.3 of the Texas
Rules of Civil Procedure.
PARTIES
2. Plaintiff, National Judgment, is a Texas limited partnership.
3. Defendant, Bullock, is an individual residing in Texas and may be served with process at
7818 Audubon Forest Drive, Humble County, Texas 77396, or wherever he may be found.
JURISDICTION AND VENUE
4. This court has jurisdiction over the subject matter of this dispute under Section 23.002(a)
of the Texas Property Code.
5. Venue is proper in Harris County, Texas under Section 23.002(a) of the Texas Property
Code and Section 15.011 of the Texas Civil Practice and Remedies Code, in that the property for
which partition is sought in this action is located in Harris County.
FACTS
6. On June 6, 2017, at a duly conducted constable’s sale, Plaintiff purchased a one-half
interest in the real property located at 9310 Crestview Dr., Houston, TX 77078 (the “Property”).
The Property is described more fully as follows:
Lot One Hundred Seventy-Three (173), in Block Seven (7), of
Chatwood Place, section Two (2), an addition in Harris County,
Texas according to the map or plat thereof recorded in Volume
35, Page 70, of the Map Records of Harris County, Texas.
7. Defendant, Bullock, is the owner of the other undivided one-half interest in the Property.
8. Plaintiff is informed and believes, and on that basis alleges, that Plaintiff and Defendant
are the sole persons with an interest in the Property.
9. The reasonable value of the Property is $18,902.
10. Plaintiff seeks partition of the Property under Section 23.001 of the Texas Property Code.
11. Plaintiff is entitled to partition of the Property owned by Plaintiff and Defendant. However,
because the Property cannot equitably be partitioned in kind, the Property should be sold and the
proceeds divided between Plaintiff and Defendant in proportions to the parties’ respective
interests in the Property.
CONDITIONS PRECEDENT
12. All conditions precedent to Plaintiff's claim for relief have been performed or have
occurred.
PRAYER
amwoses
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the
Defendant be cited to appear and answer herein, and that on hearing the court enter a decree as
follows:
Determining that the property is not susceptible to partition in kind
Determining what proportionate value of the property should be allocated to the shares
of Plaintiff and Defendant, respectively
Ordering sale of the property, and distributing the proceeds in accordance with the
determination; and
d Granting plaintiff any other relief to which plaintiff is entitled.
Respectfully submitted a
THE|}CROMEENS LAV \FERM, PLLC
BY
KE
iA
SBN: 24045726
.
KASEY NIEDERHOFER
SBN: 4110163
8431 Katy Freeway
Houston, Texas 77024
Phone
Fi3 Fax
Karalynn eCromeensLawFirm.com
KNiederhof thecromeenslawfinn.com
ATTORNEYS PLAINTIFF
VERIFICATION
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned Notary Public, oa this day personally appeared KASEY A.
NIEDERHOFER, who, being by me duly sworn on oath deposed and said that she is the attorney
for Plaintiff in the above-entitled and numbered cause; that she has read the above and foregoing
Plaintiffs Original Petition for Partition of Real Estate and that every statement contained jn the
)
document is within her personal knowledge and is true and correct.
“
RHOFER
¢{ SWORN TO AND SUBSCRIBED before me by KASEY A, NIEDERHOFER, on the
x day of May. 2019.
_ eer
eA
NOTARY PUBL.
ae ky, DARCY HORNE
lary tate of Taxes
O25
ese
Comm.
Notary dO 130 3108 8
Preview
5/23/2019 4:45 PM Marilyn Burgess - District Clerk Harris County 2019-35790 / Court: 129 Envelope No. 33829564 By: Miaeda Hutchinson Filed: 5/23/2019 4:45 PM Cause No: NATIONA JUDGMENT RECOVERY § IN THE DISTRICT COURT OF CENTER, LP Plaintiff vs. HARRIS COUNTY, TEXAS EDWARD BULLOCK III Defendant JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION FOR PARTITION OF REAL ESTATE TO THE HONORABLE JUDGE OF THIS COURT: Comes now, Plaintiff, NATIONAL JUDGMENT RECOVERY CENTER, LP (“National Judgment”), and files this Original Petition for Partition of Real Estate complaining of and against Defendant, EDWARD BULLOCK III (“Bullock”), and would respectfully show the Court the following: DISCOVERY CONTROL PLAN LEVEL 1 Plaintiff intends to conduct discovery under Level 2 pursuant to Rule 190.3 of the Texas Rules of Civil Procedure. PARTIES 2. Plaintiff, National Judgment, is a Texas limited partnership. 3. Defendant, Bullock, is an individual residing in Texas and may be served with process at 7818 Audubon Forest Drive, Humble County, Texas 77396, or wherever he may be found. JURISDICTION AND VENUE 4. This court has jurisdiction over the subject matter of this dispute under Section 23.002(a) of the Texas Property Code. 5. Venue is proper in Harris County, Texas under Section 23.002(a) of the Texas Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code, in that the property for which partition is sought in this action is located in Harris County. FACTS 6. On June 6, 2017, at a duly conducted constable’s sale, Plaintiff purchased a one-half interest in the real property located at 9310 Crestview Dr., Houston, TX 77078 (the “Property”). The Property is described more fully as follows: Lot One Hundred Seventy-Three (173), in Block Seven (7), of Chatwood Place, section Two (2), an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 35, Page 70, of the Map Records of Harris County, Texas. 7. Defendant, Bullock, is the owner of the other undivided one-half interest in the Property. 8. Plaintiff is informed and believes, and on that basis alleges, that Plaintiff and Defendant are the sole persons with an interest in the Property. 9. The reasonable value of the Property is $18,902. 10. Plaintiff seeks partition of the Property under Section 23.001 of the Texas Property Code. 11. Plaintiff is entitled to partition of the Property owned by Plaintiff and Defendant. However, because the Property cannot equitably be partitioned in kind, the Property should be sold and the proceeds divided between Plaintiff and Defendant in proportions to the parties’ respective interests in the Property. CONDITIONS PRECEDENT 12. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. PRAYER amwoses WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendant be cited to appear and answer herein, and that on hearing the court enter a decree as follows: Determining that the property is not susceptible to partition in kind Determining what proportionate value of the property should be allocated to the shares of Plaintiff and Defendant, respectively Ordering sale of the property, and distributing the proceeds in accordance with the determination; and d Granting plaintiff any other relief to which plaintiff is entitled. Respectfully submitted a THE|}CROMEENS LAV \FERM, PLLC BY KE iA SBN: 24045726 . KASEY NIEDERHOFER SBN: 4110163 8431 Katy Freeway Houston, Texas 77024 Phone Fi3 Fax Karalynn eCromeensLawFirm.com KNiederhof thecromeenslawfinn.com ATTORNEYS PLAINTIFF VERIFICATION THE STATE OF TEXAS COUNTY OF HARRIS Before me, the undersigned Notary Public, oa this day personally appeared KASEY A. NIEDERHOFER, who, being by me duly sworn on oath deposed and said that she is the attorney for Plaintiff in the above-entitled and numbered cause; that she has read the above and foregoing Plaintiffs Original Petition for Partition of Real Estate and that every statement contained jn the ) document is within her personal knowledge and is true and correct. “ RHOFER ¢{ SWORN TO AND SUBSCRIBED before me by KASEY A, NIEDERHOFER, on the x day of May. 2019. _ eer eA NOTARY PUBL. ae ky, DARCY HORNE lary tate of Taxes O25 ese Comm. Notary dO 130 3108 8