Preview
FILED
3/1/2023 1:32 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Martin Reyes DEPUTY
Cause No. DC-22-14748
FINANCE OF AMERICA REVERSE IN THE DISTRICT COURT
LLC,
Plaintiff,
V.
JOANN STEVENS AND THE OF DALLAS COUNTY, TEXAS
UNKNOWN HEIRS AT LAW OF
ZOILA STEVENS, DECEASED,
Defendants.
In Re: 5222 KELSO LANE,
GARLAND, TEXAS 75043 162ND JUDICIAL DISTRICT
PLAINTIFF’S VERIFIED MOTION TO RETAIN
COMES NOW, Finance of America Reverse, LLC, Plaintiff, and respectfully files this
Verified Motion to Retain Case on the Court’s docket and respectfully shows the court the
following:
1. This matter is presently set on the dismissal docket on March 10, 2023, at 10:00 am.
2. On March 19, 2022, Plaintiff filed its Original Petition against Defendants, Joann
Sfevens and the Unknown Heirs at Law of Zoila Stevens, Deceased.
Defendant,Joann Stevens was served on December 14, 2022. The return of service was
filed on December 21, 2022. DefendannJoann Stevens has not filed an answer or made
an appearance in this lawsuit.
Plaintiff filed a request for citation by publication for the Defendant, the Unknown
Heirs at Law of Zoila Stevens, Deceased and a motion for appointment of attorney ad
litem on January 10, 2023.
This Court signed an order allowing citation by publication for the unknown heirs of
Zoila Stevens, Deceased on January 10, 2023 and citation was issued on January 23,
2023.
Publication occurred in the Daily Commercial Record on January 27, 2023, February 3,
2023, February 10, 2023, and February 17, 2023. The publisher affidavit was filed on
February 24, 2023.
On January 10, 2023, this Court signed an Order appointing Al Ellis as attorney ad
litem for the unknown heirs of Zoila Stevens, Deceased,
Plaintiff’s Verified Motion to Retain
RAS File #22—074041 Page 1
8. Mr. Ellis has not filed as answer or made an appearance in this lawsuit.
9. Plaintiff request this matter be retained on the Court’s docket to allow the Court
appointed attorney ad litem to file a report and for a dispositive motion to be filed.
Respectfully submitted,
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
—
By: [M [0162b M. Vamé
Joseph M, Vacek
State Bar No.: 24039948
ivacek {3:21.913 .com
5601 Executive Drive, Suite 400’
Irving, Texas 75038
Tel. 817—873—3080, Ext. 53157
Fax: (817)796—6079
Allowing/fir Platiraz‘g'fir
CERTIFICATE OF SERVICE
No service is required on non-answering Respondents / Defendants.
I certify that I served a copy of at a true and correct copy of the above and foregoing document has
been served upon the following parties pursuant to the Texas Rules of Civil Procedure.
E—Service
Al Ellis
3811 Turtle Creek Blvd, Suite 1400
Dallas, Texas 75219
Attorney Ad Litem
fi’cfitextriaicmn
/.r/ [05gb]; M. Vamé
Plaintist Verified Motion to Retain
RAS File #22—074041
Page 2
Cause No. DC-22-14748
FINANCE OF AMERICA REVERSE IN THE DISTRICT COURT
LLC,
Plaintiff,
V.
JOANN STEVENS AND THE OF DALLAS COUNTY, TEXAS
UNKNOWN HEIRS AT LAW OF
ZOILA STEVENS, DECEASED,
Defendants.
In Re: 5222 KELSO LANE, ’
GARLAND, TEXAS 75043 162ND JUDICIAL DISTRICT
AFFIDAVIT IN SUPPORT OF PLAINTIFF’S
VERIFIED MOTION TO RETAIN
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned notary, on this day personally appearedJOSEPH M. VACEK, and
-
stated under oath:
"My name is jOSEPH M. VACEK. I hereby swear under oath that the facts set forth in the
Verified Motion to Retain Case on Docket are true and correct to the best of my knowledge and belief.”
FURTHER AFFIANT SAYETH NOT.
Plaintiff s Verified Motion to Retain
RAS File #22—074041 Page 3
SIGNED ON THIS lst DAY OF March, 2023.
jOSEPH MWCEK, AFFIANT
ATTORNEY FOR PLAINTIFF
STATE OF TEXAS §
COUNTY OF DALLAS §
SUBSCRIBED AND SWORN to before me on the lst DAY OF March, 2023.
Notary Public
U
SHARON L. VAUGHAN
My Notary ID # 1702811
Expires November 13, 2026
Plaintist Verified iVIotion to Retain
RAS File #22—074041 Page 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Katie Lech on behalf of Joseph Vacek
Bar No. 24039948
katlech@raslg.com
Envelope ID: 73236255
Status as of 3/2/2023 7:44 AM CST
Associated Case Party: THEUNKNOWNHEIRS AT LAW OF ZOILA STEVENS,
DECEASED
Name BarNumber Email TimestampSubmitted Status
A| Ellis al@textrial.com 3/1/2023 1:32:31 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Joseph Vacek jvacek@raslg.com 3/1/2023 1:32:31 PM SENT
Preview
FILED 3/1/2023 1:32 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Martin Reyes DEPUTY Cause No. DC-22-14748 FINANCE OF AMERICA REVERSE IN THE DISTRICT COURT LLC, Plaintiff, V. JOANN STEVENS AND THE OF DALLAS COUNTY, TEXAS UNKNOWN HEIRS AT LAW OF ZOILA STEVENS, DECEASED, Defendants. In Re: 5222 KELSO LANE, GARLAND, TEXAS 75043 162ND JUDICIAL DISTRICT PLAINTIFF’S VERIFIED MOTION TO RETAIN COMES NOW, Finance of America Reverse, LLC, Plaintiff, and respectfully files this Verified Motion to Retain Case on the Court’s docket and respectfully shows the court the following: 1. This matter is presently set on the dismissal docket on March 10, 2023, at 10:00 am. 2. On March 19, 2022, Plaintiff filed its Original Petition against Defendants, Joann Sfevens and the Unknown Heirs at Law of Zoila Stevens, Deceased. Defendant,Joann Stevens was served on December 14, 2022. The return of service was filed on December 21, 2022. DefendannJoann Stevens has not filed an answer or made an appearance in this lawsuit. Plaintiff filed a request for citation by publication for the Defendant, the Unknown Heirs at Law of Zoila Stevens, Deceased and a motion for appointment of attorney ad litem on January 10, 2023. This Court signed an order allowing citation by publication for the unknown heirs of Zoila Stevens, Deceased on January 10, 2023 and citation was issued on January 23, 2023. Publication occurred in the Daily Commercial Record on January 27, 2023, February 3, 2023, February 10, 2023, and February 17, 2023. The publisher affidavit was filed on February 24, 2023. On January 10, 2023, this Court signed an Order appointing Al Ellis as attorney ad litem for the unknown heirs of Zoila Stevens, Deceased, Plaintiff’s Verified Motion to Retain RAS File #22—074041 Page 1 8. Mr. Ellis has not filed as answer or made an appearance in this lawsuit. 9. Plaintiff request this matter be retained on the Court’s docket to allow the Court appointed attorney ad litem to file a report and for a dispositive motion to be filed. Respectfully submitted, ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC — By: [M [0162b M. Vamé Joseph M, Vacek State Bar No.: 24039948 ivacek {3:21.913 .com 5601 Executive Drive, Suite 400’ Irving, Texas 75038 Tel. 817—873—3080, Ext. 53157 Fax: (817)796—6079 Allowing/fir Platiraz‘g'fir CERTIFICATE OF SERVICE No service is required on non-answering Respondents / Defendants. I certify that I served a copy of at a true and correct copy of the above and foregoing document has been served upon the following parties pursuant to the Texas Rules of Civil Procedure. E—Service Al Ellis 3811 Turtle Creek Blvd, Suite 1400 Dallas, Texas 75219 Attorney Ad Litem fi’cfitextriaicmn /.r/ [05gb]; M. Vamé Plaintist Verified Motion to Retain RAS File #22—074041 Page 2 Cause No. DC-22-14748 FINANCE OF AMERICA REVERSE IN THE DISTRICT COURT LLC, Plaintiff, V. JOANN STEVENS AND THE OF DALLAS COUNTY, TEXAS UNKNOWN HEIRS AT LAW OF ZOILA STEVENS, DECEASED, Defendants. In Re: 5222 KELSO LANE, ’ GARLAND, TEXAS 75043 162ND JUDICIAL DISTRICT AFFIDAVIT IN SUPPORT OF PLAINTIFF’S VERIFIED MOTION TO RETAIN STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned notary, on this day personally appearedJOSEPH M. VACEK, and - stated under oath: "My name is jOSEPH M. VACEK. I hereby swear under oath that the facts set forth in the Verified Motion to Retain Case on Docket are true and correct to the best of my knowledge and belief.” FURTHER AFFIANT SAYETH NOT. Plaintiff s Verified Motion to Retain RAS File #22—074041 Page 3 SIGNED ON THIS lst DAY OF March, 2023. jOSEPH MWCEK, AFFIANT ATTORNEY FOR PLAINTIFF STATE OF TEXAS § COUNTY OF DALLAS § SUBSCRIBED AND SWORN to before me on the lst DAY OF March, 2023. Notary Public U SHARON L. VAUGHAN My Notary ID # 1702811 Expires November 13, 2026 Plaintist Verified iVIotion to Retain RAS File #22—074041 Page 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Katie Lech on behalf of Joseph Vacek Bar No. 24039948 katlech@raslg.com Envelope ID: 73236255 Status as of 3/2/2023 7:44 AM CST Associated Case Party: THEUNKNOWNHEIRS AT LAW OF ZOILA STEVENS, DECEASED Name BarNumber Email TimestampSubmitted Status A| Ellis al@textrial.com 3/1/2023 1:32:31 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Joseph Vacek jvacek@raslg.com 3/1/2023 1:32:31 PM SENT