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« 22-04-04512
AMERICAN EXPRESS NATIONAL INTHE COURT
BANK,
PLAINTIFF COUNTY
SAMUELMANCUSO AKA SAMUEL MONTGOMERYCOUNTY, TEXAS
A MANCUSO
DEFENDANT(S)
PLAINTIFF’S MOTION TO APPOINT POST JUDGMENT RECEIVER ROBERT E.
JENKINS PURSUANT TO TEXAS CIVIL PRACTICEAND REMEDIES CODE
SECTION 31.002 (LIMITED RECEIVERSHIP)
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff AMERICAN EXPRESS NATIONAL BANK (hereinafter referred to
as "Judgment Plaintiff") and files this Motion to Appoint Post Judgment Receiver pursuant to
Texas Civil Practice and Remedies Code Section 31.002 seeking the appointment of receiver,
Robert E. Jenkins, against Judgment Defendant SAMUEL MANCUSO AKA SAMUEL A
MANCUSO (hereinafter referred to at times as “Judgment Defendant”), and in support thereof
would respectfully show unto the Court the following:
Final Judgment
On January 06, 2023, Judgment Plaintiff obtained a Judgment against Judgment Defendant
by this Court in the above styled case for $6,759.57 in damages and costs of court (hereinafter
eferred to as the “Judgment”). The judgment is attached hereto and incorporated by reference
herein. The Judgment is just, due, unpaid, and remains unsatisfied. No Supersedeas Bond has been
filed or approved.
On February 23, 2023, Judgment Plaintiff served Post Judgment Discovery to Judgment
Defendant. The Post Judgment Discovery is attached hereto and incorporated by reference herein
Interrogatory 2 stated: “If you claim that any of the real or personal property owned by you is
exempt from the claims of your creditors, state: description of each item, present market value and
reason for the claim exemption.” Interrogatory 3 stated: “If you claim that any of the property
owned by you is the proceeds of property exempt from the claims of your creditors, state:
description of each item, present market value and reason for the claimed exemption.” Defendant
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had a legal duty to respond to such interrogatories. If Defendant claims that any of his/her property
is exempt or the proceeds of exempt property (s)he had a legal duty to inform Plaintiff of that
claim. Furthermore, Judgment Defendant failed to respond to Judgment Plaintiff's post judgment
requests for admissions, rendering the admissions deemed. Per the deemed admissions regarding
Judgment Defendant’s ownership of property and based upon his/her failure to identify any
property that (s)he claims as exempt or the proceeds of exempt property, Judgment Defendant is
believed to own property, including present or future rights to property that: (1) cannot be readily
attached or levied on by ordinary legal process; and (2) is not exempt from attachment, execution,
or seizure for the satisfaction of liabilities. Based upon his/her failure to identify any property that
(s)he claims as exempt or the proceeds of exempt property, Judgment Defendant is believed to
have cash on hand and/or on deposit at one or more financial institutions holding non exempt
funds. Despite the foregoing good faith efforts to collect on the Judgment, Judgment Defendant
as been uncooperative and failed to pay the Judgment. As such, Judgment Plaintiffis requesting
aid from this Court to collect the Judgment.
Request for Court Appointed Receiver to Aid in Collecting Judgment
Judgment Plaintiff requests the Court to appoint a receiver pursuant to Texas Civil Practice
and Remedies Code Section 31.002 (b)(3), to take possession of nonexempt assets and documents
related to the assets to satisfy the judgment, including the receiver’s fee and costs. Civil Practice
and Remedies Code section 31.002 (a) specifically provides that a “judgment creditor is entitled
to aid from a court of appropriate jurisdiction...” and provides for the appointment of a receiver
to collect the debt. Judgment Defendant has not paid the judgment; the dgment Defendant(s) is
believed to own property, including present or future rights to property that cannot be readily
attached or levied on by ordinary legal process; and the property is not exempt from attachment,
execution, or seizure for the satisfaction of liabilities.Judgment Defendant is believed to have
cash on hand and/or on deposit at one or more financial institutions holding non exempt funds.
Under the turnover statute, a court may appoint a receiver ex parte with the authority to
take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor
to the extent required to satisfy the judgment. See Tex. Civ. Prac. & Rem. Code § 31.002(b)(3);
Ex Parte Johnson, 654 S.W.2d 415, 418 (Tex. 1983) (stating that notice and hearing prior to
issuance of the turnover order was not required under predecessor statute); In re Guardianship of
Bays, 355 S.W.3d 715, 720 (Tex. App. Fort Worth 2011, no pet.); Ross v. 3D Tower Ltd., 824
267651015598
S.W.2d 270 (Tex. App. Houston [14th Dist.] 1992, writ denied); Sivley v. Sivley, 972 S.W.2d 850,
860 (Tex. App. Tyler 1998, no pet.) (“The [turnover] statute itself does not provide for notice or a
hearing to be afforded a judgment debtor in a turnover proceeding.”); aza Court v. West
S.W.2d 271, 276 (Tex. App.Houston [14th Dist.] 1994, no writ.) (noting the turnover statute
does not provide for notice to be afforded a judgment debtor in a turnover proceeding).
made aware of the receivership proceeding, there is a possibility Judgment Defendant(s)
will dispose of the property or place it beyond the reach of the Receiver. The Court considering
the ex parte application can build in protection for the Judgment Defendant into an ex parte Order
by requiring a further order from the court concerning the disposition of the property in question
by the Receiver, and maintaining the status quo during the interim. As such, the proposed
Receivership Order prevents disbursement of any recovered funds without an additional order of
the Court or Judgment Defendant’s consent.
Judgment Plaintiff respectfully requests this Court to appoint the following attorney as
Receiver of the Judgment Defendant’sabove stated non exempt property:
Robert E. Jenkins
Jenkins Law Firm,
2221 Justin Rd. #119 480
Dallas, TX 75028
Phone & Fax: 214
Email: FrontDesk@CourtReceivers.com
Mr. Jenkins has served as a turnover receiver in hundreds of cases and has consented to
serve as the receiver in this case. Mr. Jenkins’ Curriculum Vitae is attached hereto and incorporated
by reference herein
Compensation to Receiver:
Judgment Plaintiff respectfully requests this Court order Judgment Defendant to pay the
usual, customary, and necessary fee of twenty five (25) percent of the funds recovered during the
receivership to the Receiver as compensation for receiver services, and that such compensation
shall be paid by Judgment Defendant to the Receiver in addition to the amounts owed to Judgment
Plaintiff. Judgment Plaintiff further requests this Court order Judgment Defendant to pay the
Receiver all out of pocket expenses directly related to the recovery of Judgment Defendant’s
property in this receivership. Judgment Plaintiff further requests the receiver fee and costs be taxed
as costs against Judgment Defendant
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No Receiver Bond Required
This is a Post Judgment receivership pursuant to Texas Civil Practice and Remedies Code
§31.002. The decision whether to require a receiver’s bond lies with the Court’s discretion. Unlike
a bond in a receivership under Texas Rule of Civil Procedure 695a to protect the defendant of a
wrongfully appointed receiver, the Judgment Plaintiff has already recovered a Judgment in this
matter. Judge Hittner’s article addressed the need, or lack thereof, for a bond in the event of the
appointment of a post judgment receiver under the Turnover Statute:
There is a strong view that since the underlying obligation has been determined by
final judgment, the judgment debtor will not be harmed if no bond, or merely a
nominal bond, is required. Any bond which may be required should be carefully
framed so as not to indemnify the judgment debtor in the traditional sense, as the
righteousness of the appointment should have been fully litigated in any hearing
pursuant to the new statutes.
Childre v. Great Sw. Life Ins. Co., 700 S.W.2d 284 (Tex. App.Dallas 1985, no writ) (quoting
David Hittner, Texas Post Judgment Turnover & Receivership Statutes, 45 Tex. Bar J. 417, 420
(1982).
Judgment Plaintiff respectfully requests this Court to order that no bond for the Receiver
be required in this post judgment matter, but only that the Receiver file an Oath to perform the
Receiver’s duties.
Alternatively, any bond required should not be in an amount that would act as a prohibitive
cost or make it economically impossible for Judgment Plaintiffto use the remedies provided in the
Turnover Statute. See Jd. at 289 (quoting Hittner, supra, at 420).
WHEREFORE, PREMISES CONSIDERED, Judgment Plaintiff respectfully requests that
the Court appoint Robert E. Jenkinsas Receiver to collect the judgment in this case and provide
for the payment of fees and costs to the Receiver.
267651015598
Respectfully submitted,
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
Attorneys for Plaintiff
14090 SW FREEWAY SUITE 408
SUGAR LAND, TX 77478
TEL: 281 494
FAX:
EMAIL: ZATE_LITIGATION@ZWICKERPC.COM
BY: MLM
SX _CWitd
JOHNETTA LANG, ESQ.
State Bar Number 24036943
OLEN MANNING III, ESQ.
State Bar Number 24118453
MELISSA REED, ESQ.
State Bar Number 24046695
[ X JASMINE LEWIS, ESQ.
State Bar Number 24104830
MIRZA BAIG, ESQ.
State Bar Number 24126948
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the foregoing document has been served
the 25th day of May, 2023 by the method indicated to the following:
SAMUELMANCUSOAKA SAMUEL A MANCUSO
216 BEE CAVE CT
MONTGOMERY 77316
Via First Class Mail
G MAD
JOHNETTA LANG, ESQ.
OLEN MANNING III, ESQ.
MELISSA REED, ESQ.
[ X JASMINE LEWIS, ESQ.
MIRZA BAIG, ESQ.
267651015598
OBERT E. JENKINS
2221 Justin Rd. #119 480 Flower Mound, Texas 75028 214.220.2022 FrontDesk@JenkinsLaw.com
Court Appointed Receiver
10,000+ appointments by 1,000+ courts in 200+ counties throughout Texas
Robert E. Jenkins has been a licensed attorney for more than 20 years and began serving as a court appointed receiver in 2012. He is
exclusively fulltime post judgment turnover receiver appointed to aid in the recovery of nonexempt assets for the payment of
judgments. Receiver Jenkins is dedicated to his duty of serving as an agent of the Court within the strictures established by the
receivership orders and treating all defendants with dignity and respec
ECEIVER ESULTS
Receiver Jenkins has facilitated more than 3,500 judgments being fully satisfied through receiverships.
25% RECEIVER
Receiver Jenkins’ expert opinion is the customary and usual turnover receiver fee is 25% of the funds recovered during the receivership,
subject later determination reasonableness the Court Defendant's written agreement for the fee paid.
ACKGROUND
Prior to Receiver Jenkins becoming a fulltime turnover receiver, he represented banks, investors, and business owners in the recovery
of consumer and commercial debt, bank garnishment defense, and judgment enforcement. Having represented numerous banks, he is
familiar with institutional protocols and implements stringent security measures to protect sensitive financial data.
DUCATION
UCLA School of Law, Los Angeles, California, Juris Doctorate, 2000
Honors UCLA Moot Court Honors Program Appellate Advocate
American Jurisprudence Award, Legal Writing Teaching
Assistant, Legal Writing
Leadership: UCLA Moot Court Honors Program, President
The University of Texas, Austin, Texas, Bachelor of Journalism with High Honors, 1997
UBLICATIONS
Running Aground in a Sea of Complex Litigation: A Case Comment on the Exxon Valdez Litigation
UCLA J.ENvTL.L. & P 151 (2000)
ICENSES AND DMISSIONS
State Bar of Texas, admitted November 2002 (TX Bar # 24036842)
State Bar of California, admitted December 2000 (CA Bar # 211361)
U.S. Court of Appeals for the Fifth Circuit and the Ninth Circuit
U.S. District Court, Northern and Eastern Districts of TX; Southern, Eastern, and Central Districts of CA
EMBERSHIPS
Texas Association of Turnover Receivers
Texas Creditor’s Bar Association
Consumer and Commercial Law, TX Bar Section
ROFESSIONAL ONOR
Texas Rising Stars, 2010
EMINAR PEAKER
Receiverships in Justice Court, State Bar of Texas Justice Court Section February 7, 2020
Turnover Order/Receivership Training Program at N. TX JP & Constables Assoc. Decatur, TX March 28, 2019
IGNIFICANT EGAL XPERIENCE
Present Jenkins Court Receivers, LLC fka Jenkins Law Firm, PC, Flower Mound, Texas:
Receiver / Principal Shareholder: Serves Judges throughout Texas exclusively as a fulltime court appointed
post judgment turnover receiver.
2007 Jenkins | Babb, LLP and Robert E. Jenkins, P.C., Dallas, Texas
Managing Partner: Commercial and consumer collections, garnishment defense, foreclosures, enforcing
judgments, and serving as courtappointed receiver.
2007 Vial, Hamilton, Koch & Knox, LLP, Dallas, Texas
Litigation Associate: Practiced commercial and business litigation in the recovery of consumer and commercial
debt, foreclosures, and judgment enforcement.
2000 Seltzer Caplan McMahon Vitek, San Diego, California
Litigation Associate: Practiced business real estate litigation.
Received and E-Filed for Record
12/30/2022 12:51 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Patricia Morrill
NO. 22-04-04512
AMERICAN EXPRESS NATIONAL IN THE COUNTY COURT
BANK,
Plaintiff
AT LAW NO 6
Vv.
SAMUEL MANCUSO AKA SAMUEL A MONTGOMERY COUNTY, TEXAS
MANCUSO,
Defendant
AGREED JUDGMENT
On this date came to be considered the above-styled and numbered cause. All parties
represent to the Court that all matters in controversy have been compromised and settled, and as
such, request that the Court enter the following Judgment.
Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment
shall be entered in favor of Plaintiff, AMERICAN EXPRESS NATIONAL BANK, and against
Defendant, Samuel Mancuso Aka Samuel A Mancuso, in the total Judgment Amount of $6,759.57,
plus all costs in this proceeding.
Plaintiff shall have all writs and other process necessary to enforce this Judgment. All relief
not expressly granted herein is denied. This Judgment finally disposes of all parties and all claims,
and is appealable.
4116/2023 2:10:47 PM
SIGNED this day of ,20
JUDGE PRESIDING
Scharlene W. Valdez, Presiding Judge
County Court at Law No. 6
Montgomery County, Texas
RECEIVED
By ZATE at 4:13 pm, Jan 10, 2023
267651016598
Minute
6th of January, 2023
AGREED AS TO FORM AND SUBSTANCE:
4
Date: 12/24/2022
Samuel Mancuso Aka Samuel A Mancuso, Defendant
Mike Weston Date: 12/27/2022
Michael W. Weston, Attorney for Defendant
Date: 12/29/22
[VM] Johnetta Vang, Esq. (State Bar Number 24036943)
[ ] Olen Manning Iii, Esq. (State Bar Number 24118453)
[ ] Melissa Reed, Esq. (State Bar Number 24046695)
Attorneys for Plaintiff
14090 Sw Freeway
Suite 408
Sugar Land, TX, 77478
ZATE_LITIGATION@ZWICKERPC.COM
267651016598
Minute
6th of January, 2023
NO. 22-04-04512
AMERICAN EXPRESS NATIONAL §
BANK, § IN THE 6 COURT
Plaintiff §
COUNTY
Vv.
§ MONTGOMERY COUNTY, TEXAS
SAMUEL MANCUSO AKA SAMUEL A §
MANCUSO,
Defendant(s)
PLAINTIFF’S POST-JUDGMENT DISCOVERY
POST JUDGMENT REQUESTS FOR PRODUCTION TO DEFENDANT(S)
To Defendant, by and through Defendant's attorney of record,
Michael W. Weston
WESTON LEGAL, PLLC
177 West Gray Street
Houston, TX 77019
LAWSUITS@WESTONLEGAL.COM
Pursuant to Rule 621a of the Texas Rules of Civil Procedure, you are requested to produce
and permit the inspection and copying of each of the below listed items. You are to produce these
items or categories of items no later than 30 days after the date you receive this request.
Definitions
1 “You” or “your” refers to Defendant(s) and includes Defendant’s attorneys, accountants,
bookkeepers, agents, employees, and/or representatives.
2. “Documents and tangible things” and “records and papers” means the existence,
description, nature, custody, condition, location, and contents of papers, books, accounts,
drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data
compilations in your possession, custody, or control or known to you or your counsel, whether
printed, computerized, microfilmed, reproduced by any other mechanical process or medium of
expression, or written or produced by hand and whether or not claimed to be privileged,
confidential, or personal, including but not limited to the final versions and all prior drafts of
contracts; agreements; notes (including secretarial notes); business records; notebooks; work
notes; work papers;
communications (including intradepartmental communications and
intercompany communications); facsimiles; telecopies; telefaxes; electronic mail;
correspondence; statements; reports; telegrams; agendas; forms; memoranda; bulletins;
appointment books; logs; messages; diaries; texts; manuals; reference works and materials;
samples of materials; depositions; analyses; projections; damage projections; forecasts; statistical
statements; financial records; reports; charts; brochures; purchase orders; estimates; computer
inputs and outputs; calculations; compilations of data; demonstrative evidence (including physical
models, sketches, charts, graphs, plans, drawings, etc.); journals; billings; billing statements and
records; receipts; invoices; data compilations; slides; sketches; graphics; charts; movies;
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
videotapes; photographs and the negatives thereof; summaries, records, or minutes of meetings or
conferences; expressions of statements of policy; lists of people attending meetings or conferences;
summaries, records, or reports of personal conversations or investigations; summaries, records, or
teports of interviews; and all other writings, and any other similar matter, now or formerly in your
possession, custody, or control or that of your counsel, or of any other agent, representative,
employee, bookkeeper, accountant, expert, or anyone else acting on your behalf, and includes
documents used to support any conclusions or opinions reached. Any marginal comments
appearing on any documents and any handwritten or other notations on any copy of a document
render it original, requiring production of it or a true copy of it with such notations.
3 “Financial record” means, by way of example and without limitation, the original or true
copies of the following items, whether printed, computerized, recorded, or reproduced by any other
mechanical process or written or produced by hand: monthly unaudited statements and/or other
periodic income and profit and loss statements; periodic balance sheets; financial statements or
other statements regarding, relating to, or referring to your financial condition; federal and state
income tax returns; volume of sales records; sales tax records and returns; payroll tax records and
returns; cash disbursement journal(s); general ledger(s); receipts journal(s); accounts payable
journal(s); and accounts receivable journal(s). If you are a partnership or limited partnership the
phrase “financial record” also includes partnership agreement(s) and any amendments thereto and
forms K-1 provided to the partners. Any marginal comments appearing on any financial record
and any handwritten or other notations on any copy of a financial record render it original,
requiring production of it or a true copy of it with such notations.
4 “Real property” means land and anything growing on, attached to, or erected on it,
excluding anything that may be severed without injury to the land.
5 “Personal property” means any movable or intangible thing that is subject to ownership
and not classified as real property.
6. “Relate to” means to name, refer to either directly or indirectly, comment on, analyze,
teview, report on, form the basis of, be considered in the preparation of, result from, or have any
logical relation or relevance to the entity, person, document, event, or action pertaining to the
subject matter on which inquiry is made.
7
If you or any of your attorneys, agents, or representatives at any time had possession or
control of a document requested and that document has been lost, destroyed, or purged or is not
presently in your possession, custody, or control, identify the document and describe the
circumstances surrounding the loss, destruction, purge, or separation from your possession,
custody, or control, indicating the dates that those circumstances occurred.
8 If you allege that any request is in any manner ambiguous, you are instructed to describe
in detail the reasons for your allegations that the request is ambiguous, including but not limited
to each interpretation that you allege the specific request for discovery is subject to.
Notwithstanding, you are instructed to respond, to the best of your ability, to the request for
production and produce the documents requested. If you object to any request, you are instructed
to identify, with specificity, the specific procedural rule(s) or substantive laws(s) on which you
base your objection.
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
9. When producing documents and tangible things responsive to a request, you must either
produce them as they are kept in the usual course of business or organize and label them to
correspond with the categories in the request.
Pursuant to Rule 621a of the Texas Rules of Civil Procedure, you are requested to produce all
discoverable documents in your possession, custody, or control relating or relevant to any assets
in which you hold any interest and which might be used to satisfy the Judgment entered in this
cause, including but not limited to the originals or true and complete copies of the following items:
1 Any and all checkbooks, cancelled checks, account statements, deposit slips or trust
vouchers for any and all bank accounts, wherever situated, existing for the benefit of or in the
name of Defendant(s) individually, jointly, beneficially or in trust with any other individuals or
entities for the past five (5) years.
2 Any and all income tax returns, gift tax returns, estate tax returns, partnership information
returns, or other tax returns, whether state or federal, filed by or signed in any capacity by
Defendant(s), individually or jointly with any other individuals or entities, whether such returns
be individual or as a corporation, for the past five (5) years, including any estimates of income tax
and any and all records of taxable income from any of these individuals or entities during the
current tax year and any other years for which such returns have not yet been filed. All income
tax returns signed in any capacity by Defendant(s) are also to be included herein, whether such
income tax returns are those of a corporation or for any other type of entity.
3 The originals or true, correct and complete copies of certificates of title or titles for any and
all motor vehicles, airplanes, boats and recreational vehicles in any capacity owned, held, or
conveyed by or to Defendant(s), individually or jointly with any individual or entity, at any time
during the past five (5) years.
4 The originals or true, correct and complete copies of any and all deeds, leases, mortgages,
notes, liens, property tax receipts and any other documents in any way relating to any and all
ownership interest in or conveyances of real property, including property claimed as homestead,
in which legal or equitable title is held by Defendant(s), individually or jointly, or in any other
capacity, whether in trust or otherwise, with any individual or entity, at any and all times during
the past five (5) years.
5 Any and all contracts, partnership agreements, limited partnership agreements, or any other
agreements, of whatever kind or character, entered into by Defendant(s), individually or jointly
with any other individual or entity, for the performance of services or other acts for which it is in
any way possible that the said Defendant(s) will or may receive any compensation or any other
thing of value for such services for the past five (5) years.
6. Any and all stock certificates, mutual fund shares, credit union shares, certificates of
deposit, trust indentures, trust receipts, or bonds, whether corporate, municipal or government,
held in any capacity or owned by Defendant(s), whether individually or jointly with any other
individual or entity, at any time during the past five (5) years.
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
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7
Any and all account statements or other communications received at any time during the
past five (5) years from any stock broker, brokerage firm, or other entity describing or otherwise
relating to any stocks, bonds, or other securities held for Defendant(s) and any interest, dividends,
or other revenues generated by such stocks, bonds, or other securities.
8 Any and all checkbooks, cancelled checks, account statements, deposit slips, pass books,
trust vouchers, and all other written documentation of the existence of any and all bank accounts,
savings accounts, trust funds, credit union deposits, certificates of deposit, or safety deposit boxes
in which funds or real or personal property or any other assets, of whatever kind or character, in
any way relating to the business operations or personal finances of Defendant(s) have been
deposited, kept, maintained, withdrawn or otherwise recorded in any manner at any time during
the past five (5) years.
9. Any and all annuity contracts, life insurance policies, liability policies and other insurance
policies, of whatever kind or character, in any manner insuring the life or any real or personal
assets, whether exempt nonexempt, or homestead, in any manner owned, held or otherwise
accruing to the benefit of Defendant(s) wherein Defendant(s) is the owner of any such policy of
the insured under any such policy or a beneficiary in any capacity under any such policy.
10. Any and all annuity contracts, life insurance policies, liability policies and other insurance
policies, of whatever kind or character, on which Defendant(s) has paid any part of the premiums
in the last two years.
11. Any and all books or records, of whatever kind or character, maintained by Defendant(s)
or Defendant's agents, attorneys, business manager, accountants or other representatives, in any
way reflecting the financial condition of Defendant(s) or any entity in which Defendant(s) has ever
participated as an officer, director, owner, or member, including, but not limited to, notes payable,
notes receivable, accounts receivable, accounts payable, financial statements, periodic and annual
income statements, balance sheets, cash receipts and disbursement journals, profit and loss
statements, general ledgers, statements of changes in financial position, statements of changes in
shareholders' equity, and any and all other financial information in any way relating to any of
Defendant's individual or personal finances during the past five (5) years.
12. Any statement of the financial condition of Defendant(s) furnished or exhibited to any
person, institution or business organization during the past two years.
13. Any information provided to any educational institution in connection with a determination
of qualification for financial aid for any member of the Defendant’s family.
14. Any financial statements prepared or issued by Defendant(s) during the past two years, to
the extent such financial statements have not been produced in response to the foregoing requests.
15. Any and all stock certificates, mutual fund shares, credit union shares, certificates of
deposit, trust receipts, bonds, whether corporate, municipal or government, held or owned in any
capacity by Defendant(s) and conveyed in trust for the benefit of any other person or entity at any
time during the past five (5) years.
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
16. Any and all partnership agreements, limited partnership agreements, Articles of
Incorporation, assumed name certificates and trust indentures in any manner or capacity signed or
executed by Defendant(s) or relating to any entity in which Defendant(s) has participated during
the past five (5) years.
17. A detailed inventory of all assets of each non-corporate entity for which Defendant(s) owns
or in which Defendant(s) has a financial interest as of the date of this request, whether such assets
be owned by said entity or any other individual or entity, and including all physical assets on the
premises of said entity, whether or not owned by said entity, including, but not limited to, furniture
and furnishings, office machines, equipment, tools, motor vehicles, fixtures, inventory and
paintings.
18. Any inventory of the property of Defendant(s) taken or prepared at any time within the past
two years.
19. All documents, written records, photographs and videotapes which reflect inventories of
each and every item of furniture and other assets owned, held, or in any capacity possessed by
Defendant(s) including, but not limited to, insurance appraisals and insurance inventories as of the
date of this request, including, but not limited to, paintings and furniture.
20. Any and all loan and bond applications submitted to any bank, insurance company, bonding
company, lender, or other financial institution by Defendant(s) in any capacity, or by any officer,
director or employee, or any entity in which Defendant(s) participated at any time during the past
five (5) years.
21. Documents, written records, photographs and videotapes which reflect appraisals and dates
of acquisition of all works of art or pieces of jewelry and their respective insurance policies at any
time acquired by Defendant(s) or any non-incorporated entity in which Defendant(s) ever
participated.
22. All jewelry owned by Defendant, along with homeowner’s policies and schedules or other
insurance policies providing coverage of jewelry.
23. Any stamp collections owned by or for the benefit of Defendant(s).
24. Any coin collections owned by or for the benefit of Defendant(s).
25. Trust agreements and documents which Defendant(s) has created, or of which Defendant(s)
is a beneficiary, created at any time during the past five (5) years.
26. Trust agreements for every trust to which the Defendant is a donor, beneficiary, or trustee.
27. All franchise tax returns filed in the name of Defendant(s).
Plaintiff's Post-Judgment Discovery Requ
Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
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28. All documents reflecting transfer and/or sale of any assets of Defendant(s) including, but
not limited to, real property and office equipment, machinery or supplies.
29. All documents reflecting the purchase of any assets by Defendant(s) including, but not
limited to, real property and office equipment, machinery or supplies.
30. All documents filed with the Internal Revenue Service, including, but not limited to, IRS
Form 941, pertaining to quarterly earnings, tax withholdings, FICA withheld, and the portion of
FICA withheld on behalf of Defendant(s).
31. All documents filed with the Texas Employment Commission on behalf of Defendant(s)
for Unemployment Tax paid to the State of Texas.
32. All documents filed with the Internal Revenue Service on behalf of Defendant, including,
but not limited to, IRS Form 941, pertaining to Federal Unemployment Tax.
33. All documents filed with the State of Texas on behalf of Defendant(s) pertaining to Sales
Tax collected.
34. All documents relating to the current status of Defendant(s) including, but not limited to,
open bank accounts, deeds, accounts receivable, accounts payable, and rental of office space and
equipment.
35. All documents which discuss, relate, or refer to the sale of assets of Defendant(s) to any
other individual or entity.
36. Any and all documents containing information necessary and which will enable Defendants
and their counsel to correlate any other documents produced with the assets, liabilities,
transactions, occurrences, payments, credits, or offsets to which they refer. In lieu of producing
the documents requested herein, you may produce all other documents organized by the assets,
liabilities, transactions, occurrences, payments, credits, or offsets to which they refer.
37. The documents evidencing all IRA, SEPP, Keough, 401K, 403B, Roth, or other retirement
plans held by or for the benefit of Defendant(s) and all statements pertaining to any such account
for the past four years.
38. The documents evidencing Defendant’s contributions to any IRS 529b plans during the
preceding four years.
39. With regard to every credit card and bank card that Defendant(s) has used during the
preceding two years the monthly billing statements for each such card pertaining to that time
period.
40. With regard to every ATM card that Defendant(s) has used during the preceding two years
the monthly statements for each such card pertaining to that time period.
41. All traveler’s checks owned by Defendant(s).
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
42 All ATM and debit cards used by Defendant(s).
43 All of Defendant’s phone bills for the past two years.
44 Defendant’s passport
45 Documents reflecting Defendant’s ownership of any internet domain names.
46 Documents reflecting Defendant’s ownership of any web site.
47 All patent applications ever submitted by or on behalfof Defendant(s)
48 All copyright applications ever submitted by or on behalfof Defendant(s).
49 All trademark applications ever submitted by or on behalfof Defendant(s).
50. Every computer owned by Defendant(s).
POST-JUDGMENT INTERROGATORIES TO DEFENDANT(S)
Pursuant to Rule 621a of the Texas Rules of Civil Procedure, Plaintiff, requests that you
answer the following interrogatories separately, fully, in writing, and under oath. You are to
deliver a true and correct copy of your answers to our office within 30 days from the date you
receive this request.
1 State the following information:
Full legal name
All other names you have ever used.
Date of birth.
Social Security Number.
Driver’s license number.
State issued by.
Business address
Residences address.
Business and residence telephone numbers.
2 If you claim that any of the real or personal property owned by you is exempt from the
claims of your creditors, state: description of each item, present market value and reason for the
claimed exemption. Please note that Plaintiff will rely on your response (or lack thereof) to this
interrogatory in identifying property that it believes to be non-exempt
3 Tf you claim that any of the property owned by you is the proceeds of property exempt from
the claims of your creditors, state: description of each item, present market value and reason for
the claimed exemption. Please note that Plaintiff will rely on your response (or lack thereof) to this
interrogatory in identifying property that it believes to be non-exempt
4 If you are now or have ever been married, then state, with respect to each marriage: name
of spouse, date of marriage, date of divorce (if applicable), and present address of spouse
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
5 If you have any children, then as to each child state: name, date of birth, residence, address
and name and address of school attended or employer.
6. Are any other members of your family residing with you?
a. If so, state the following information for each: employer, and compensation
received from each employer.
b If so, state how much money each such person contributes each month to your
household income.
7
If funds received from your employment or that of members of your family residing with
you are in a checking account, money market account, or other account from which money may
be withdrawn by a check, or similar instrument, then for each account state: name and address of
financial institution, name of account, account number, present balance, and signatures authorized
8 If you hold any funds or property in a trust, fiduciary, custodial, or bailee capacity, identify
all such funds or property and the true owner of same. Please note that Plaintiff will rely on your
response (or lack thereof) to this interrogatory in identifying property that it believes to be yours.
9. If you have been employed or done business during the past two years, then state:
a. The nature of each employment or occupation you had
b Each trade name or assumed name under which you have done business and
complete address where each such business was conducted.
Cc Full name and present address of each person who engaged in any partnership or
business enterprise with you
10. If you have furnished any financial statement during the past two years, then state:
a. Name and address of each person or institution to whom you furnished statements.
b Exact date that each financial statement was furnished.
c Please attach to these answers a copy of each financial statement described above
If you have not attached such copy then state and list each item shown on the statement
with its present location and value
11 Using the information on the last five (5) income tax returns prepared and filed by or for
you, state
The source and amount of each item of income listed.
Address of IRS office where filed and date of filing.
Total income received for each year.
Amounts of any income received but not shown on any tax return
Sources of other income not shown on tax returns.
Date of receipt of income not shown on tax returns.
12 If you have an ownership interest or a leasehold interest in any real estate, then state, with
tespect to each parcel:
Street address.
Full legal description (use attachments if necessary)
Description of each structure or improvement.
Name and address of any other person who has an ownership interest in property.
Ownership of property as stated in documents of title
Recording reference and present location of each document of title
Present value of your equity interest in each property.
13 If any of the real property owned by you is encumbered by any type of lien or real estate
mortgage, then state:
a. Description of property encumbered.
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
Nature or type of encumbrance.
Date of encumbrance.
Name and address of holder of encumbrance.
Consideration received for encumbrance.
Date and place of recordation of encumbrance.
14 If you own any motor vehicles, then state: year, make, model, license number, state that
issues the license number, motor number, serial number, and estimated value
15 If you own any other vehicles (including bicycles, scooters or Segways) or trailers of any
sort, then state: year, make, model, license number, motor number, serial number, estimated value
present location and usual location.
16. If you own any boats or boating equipment, then state: year, make, motor number, serial
number, state registration number, and
a. Present location
b Usual docking location.
c. Estimated value.
d Complete description of any boating equipment owned
€. Present location of boating equipment.
17 If you own any electronic devices including, without limitation, televisions, home theater
systems, stereo systems, game systems, computers (both desktop and notebook), monitors
printers, etc., then identify each such device by brand, model, serial number, and description (e.g.,
"42-inch digital television"\or "all-in-one printer")
18 Identify by title every DVD that you own.
19 Identify by title and artist every music CD that you own
20. Identify by title every gaming software DVD that you own.
21 If you own any aircraft, then state: year, make, model, registration number, motor number
and serial number, and:
a. Exact present location.
b Complete description of any electronic or avionics equipment installed.
22. If you own any firearms, then state: make and model, serial number, exact present location.
23 If you own any collections of any kind (such as coin, stamp, etc.) state: complete
description of each, contents of each, estimated present market value and exact present location.
24. If you own any tools or equipment of any sort, state: complete description of each tool or
piece of equipment, registration number or serial number, estimated present market value and
present location.
25 If you own any sporting goods, trophies (including hunting trophies) or equipment, state:
complete description of each item, registration number or serial number, estimated present market
value and present location.
26. If you own any paintings or other art objects of any kind, state: complete description of
each item, artist, author, etc., estimated present market value and exact present location.
27 If you own any musical instruments, cameras, video and/or audio recording devices, sound
boards, mixers, amplifiers or equipment of any kind, state: complete description of each item.
brand, make/model etc., estimated present market value and exact present location
28 If any of the personal property described above as owned by you is encumbered by any
security agreement or any other type of lien, state
a. Description of each property encumbered (use attachments if necessary),
b Nature of type of encumbrance.
Plaintiff's Post-Judgment Discovery Requests: Certificate of Service
AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO
267651015598
c Date of encumbrance.
Name and address of holder of encumbrance
Consideration received by you for encumbrance.
f. Date and place of recordation of encumbrance.
29. If any item of your property has been pledged to secure a debt, state:
Description of property pledged
Amount of debt secured
How debt was incurred.
Date on which debt was incurred.
Name and address of pledgee.
Date on which possession transferred to pledgee.
30. If you have any ownership interest in any business, state:
Full name of business.
Form of business organization.
Type of business conducted.
Form of business conducted.
Date you acquired your interes
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« 22-04-04512 AMERICAN EXPRESS NATIONAL INTHE COURT BANK, PLAINTIFF COUNTY SAMUELMANCUSO AKA SAMUEL MONTGOMERYCOUNTY, TEXAS A MANCUSO DEFENDANT(S) PLAINTIFF’S MOTION TO APPOINT POST JUDGMENT RECEIVER ROBERT E. JENKINS PURSUANT TO TEXAS CIVIL PRACTICEAND REMEDIES CODE SECTION 31.002 (LIMITED RECEIVERSHIP) TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff AMERICAN EXPRESS NATIONAL BANK (hereinafter referred to as "Judgment Plaintiff") and files this Motion to Appoint Post Judgment Receiver pursuant to Texas Civil Practice and Remedies Code Section 31.002 seeking the appointment of receiver, Robert E. Jenkins, against Judgment Defendant SAMUEL MANCUSO AKA SAMUEL A MANCUSO (hereinafter referred to at times as “Judgment Defendant”), and in support thereof would respectfully show unto the Court the following: Final Judgment On January 06, 2023, Judgment Plaintiff obtained a Judgment against Judgment Defendant by this Court in the above styled case for $6,759.57 in damages and costs of court (hereinafter eferred to as the “Judgment”). The judgment is attached hereto and incorporated by reference herein. The Judgment is just, due, unpaid, and remains unsatisfied. No Supersedeas Bond has been filed or approved. On February 23, 2023, Judgment Plaintiff served Post Judgment Discovery to Judgment Defendant. The Post Judgment Discovery is attached hereto and incorporated by reference herein Interrogatory 2 stated: “If you claim that any of the real or personal property owned by you is exempt from the claims of your creditors, state: description of each item, present market value and reason for the claim exemption.” Interrogatory 3 stated: “If you claim that any of the property owned by you is the proceeds of property exempt from the claims of your creditors, state: description of each item, present market value and reason for the claimed exemption.” Defendant 267651015598 had a legal duty to respond to such interrogatories. If Defendant claims that any of his/her property is exempt or the proceeds of exempt property (s)he had a legal duty to inform Plaintiff of that claim. Furthermore, Judgment Defendant failed to respond to Judgment Plaintiff's post judgment requests for admissions, rendering the admissions deemed. Per the deemed admissions regarding Judgment Defendant’s ownership of property and based upon his/her failure to identify any property that (s)he claims as exempt or the proceeds of exempt property, Judgment Defendant is believed to own property, including present or future rights to property that: (1) cannot be readily attached or levied on by ordinary legal process; and (2) is not exempt from attachment, execution, or seizure for the satisfaction of liabilities. Based upon his/her failure to identify any property that (s)he claims as exempt or the proceeds of exempt property, Judgment Defendant is believed to have cash on hand and/or on deposit at one or more financial institutions holding non exempt funds. Despite the foregoing good faith efforts to collect on the Judgment, Judgment Defendant as been uncooperative and failed to pay the Judgment. As such, Judgment Plaintiffis requesting aid from this Court to collect the Judgment. Request for Court Appointed Receiver to Aid in Collecting Judgment Judgment Plaintiff requests the Court to appoint a receiver pursuant to Texas Civil Practice and Remedies Code Section 31.002 (b)(3), to take possession of nonexempt assets and documents related to the assets to satisfy the judgment, including the receiver’s fee and costs. Civil Practice and Remedies Code section 31.002 (a) specifically provides that a “judgment creditor is entitled to aid from a court of appropriate jurisdiction...” and provides for the appointment of a receiver to collect the debt. Judgment Defendant has not paid the judgment; the dgment Defendant(s) is believed to own property, including present or future rights to property that cannot be readily attached or levied on by ordinary legal process; and the property is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.Judgment Defendant is believed to have cash on hand and/or on deposit at one or more financial institutions holding non exempt funds. Under the turnover statute, a court may appoint a receiver ex parte with the authority to take possession of the nonexempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment. See Tex. Civ. Prac. & Rem. Code § 31.002(b)(3); Ex Parte Johnson, 654 S.W.2d 415, 418 (Tex. 1983) (stating that notice and hearing prior to issuance of the turnover order was not required under predecessor statute); In re Guardianship of Bays, 355 S.W.3d 715, 720 (Tex. App. Fort Worth 2011, no pet.); Ross v. 3D Tower Ltd., 824 267651015598 S.W.2d 270 (Tex. App. Houston [14th Dist.] 1992, writ denied); Sivley v. Sivley, 972 S.W.2d 850, 860 (Tex. App. Tyler 1998, no pet.) (“The [turnover] statute itself does not provide for notice or a hearing to be afforded a judgment debtor in a turnover proceeding.”); aza Court v. West S.W.2d 271, 276 (Tex. App.Houston [14th Dist.] 1994, no writ.) (noting the turnover statute does not provide for notice to be afforded a judgment debtor in a turnover proceeding). made aware of the receivership proceeding, there is a possibility Judgment Defendant(s) will dispose of the property or place it beyond the reach of the Receiver. The Court considering the ex parte application can build in protection for the Judgment Defendant into an ex parte Order by requiring a further order from the court concerning the disposition of the property in question by the Receiver, and maintaining the status quo during the interim. As such, the proposed Receivership Order prevents disbursement of any recovered funds without an additional order of the Court or Judgment Defendant’s consent. Judgment Plaintiff respectfully requests this Court to appoint the following attorney as Receiver of the Judgment Defendant’sabove stated non exempt property: Robert E. Jenkins Jenkins Law Firm, 2221 Justin Rd. #119 480 Dallas, TX 75028 Phone & Fax: 214 Email: FrontDesk@CourtReceivers.com Mr. Jenkins has served as a turnover receiver in hundreds of cases and has consented to serve as the receiver in this case. Mr. Jenkins’ Curriculum Vitae is attached hereto and incorporated by reference herein Compensation to Receiver: Judgment Plaintiff respectfully requests this Court order Judgment Defendant to pay the usual, customary, and necessary fee of twenty five (25) percent of the funds recovered during the receivership to the Receiver as compensation for receiver services, and that such compensation shall be paid by Judgment Defendant to the Receiver in addition to the amounts owed to Judgment Plaintiff. Judgment Plaintiff further requests this Court order Judgment Defendant to pay the Receiver all out of pocket expenses directly related to the recovery of Judgment Defendant’s property in this receivership. Judgment Plaintiff further requests the receiver fee and costs be taxed as costs against Judgment Defendant 267651015598 No Receiver Bond Required This is a Post Judgment receivership pursuant to Texas Civil Practice and Remedies Code §31.002. The decision whether to require a receiver’s bond lies with the Court’s discretion. Unlike a bond in a receivership under Texas Rule of Civil Procedure 695a to protect the defendant of a wrongfully appointed receiver, the Judgment Plaintiff has already recovered a Judgment in this matter. Judge Hittner’s article addressed the need, or lack thereof, for a bond in the event of the appointment of a post judgment receiver under the Turnover Statute: There is a strong view that since the underlying obligation has been determined by final judgment, the judgment debtor will not be harmed if no bond, or merely a nominal bond, is required. Any bond which may be required should be carefully framed so as not to indemnify the judgment debtor in the traditional sense, as the righteousness of the appointment should have been fully litigated in any hearing pursuant to the new statutes. Childre v. Great Sw. Life Ins. Co., 700 S.W.2d 284 (Tex. App.Dallas 1985, no writ) (quoting David Hittner, Texas Post Judgment Turnover & Receivership Statutes, 45 Tex. Bar J. 417, 420 (1982). Judgment Plaintiff respectfully requests this Court to order that no bond for the Receiver be required in this post judgment matter, but only that the Receiver file an Oath to perform the Receiver’s duties. Alternatively, any bond required should not be in an amount that would act as a prohibitive cost or make it economically impossible for Judgment Plaintiffto use the remedies provided in the Turnover Statute. See Jd. at 289 (quoting Hittner, supra, at 420). WHEREFORE, PREMISES CONSIDERED, Judgment Plaintiff respectfully requests that the Court appoint Robert E. Jenkinsas Receiver to collect the judgment in this case and provide for the payment of fees and costs to the Receiver. 267651015598 Respectfully submitted, ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection Attorneys for Plaintiff 14090 SW FREEWAY SUITE 408 SUGAR LAND, TX 77478 TEL: 281 494 FAX: EMAIL: ZATE_LITIGATION@ZWICKERPC.COM BY: MLM SX _CWitd JOHNETTA LANG, ESQ. State Bar Number 24036943 OLEN MANNING III, ESQ. State Bar Number 24118453 MELISSA REED, ESQ. State Bar Number 24046695 [ X JASMINE LEWIS, ESQ. State Bar Number 24104830 MIRZA BAIG, ESQ. State Bar Number 24126948 CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing document has been served the 25th day of May, 2023 by the method indicated to the following: SAMUELMANCUSOAKA SAMUEL A MANCUSO 216 BEE CAVE CT MONTGOMERY 77316 Via First Class Mail G MAD JOHNETTA LANG, ESQ. OLEN MANNING III, ESQ. MELISSA REED, ESQ. [ X JASMINE LEWIS, ESQ. MIRZA BAIG, ESQ. 267651015598 OBERT E. JENKINS 2221 Justin Rd. #119 480 Flower Mound, Texas 75028 214.220.2022 FrontDesk@JenkinsLaw.com Court Appointed Receiver 10,000+ appointments by 1,000+ courts in 200+ counties throughout Texas Robert E. Jenkins has been a licensed attorney for more than 20 years and began serving as a court appointed receiver in 2012. He is exclusively fulltime post judgment turnover receiver appointed to aid in the recovery of nonexempt assets for the payment of judgments. Receiver Jenkins is dedicated to his duty of serving as an agent of the Court within the strictures established by the receivership orders and treating all defendants with dignity and respec ECEIVER ESULTS Receiver Jenkins has facilitated more than 3,500 judgments being fully satisfied through receiverships. 25% RECEIVER Receiver Jenkins’ expert opinion is the customary and usual turnover receiver fee is 25% of the funds recovered during the receivership, subject later determination reasonableness the Court Defendant's written agreement for the fee paid. ACKGROUND Prior to Receiver Jenkins becoming a fulltime turnover receiver, he represented banks, investors, and business owners in the recovery of consumer and commercial debt, bank garnishment defense, and judgment enforcement. Having represented numerous banks, he is familiar with institutional protocols and implements stringent security measures to protect sensitive financial data. DUCATION UCLA School of Law, Los Angeles, California, Juris Doctorate, 2000 Honors UCLA Moot Court Honors Program Appellate Advocate American Jurisprudence Award, Legal Writing Teaching Assistant, Legal Writing Leadership: UCLA Moot Court Honors Program, President The University of Texas, Austin, Texas, Bachelor of Journalism with High Honors, 1997 UBLICATIONS Running Aground in a Sea of Complex Litigation: A Case Comment on the Exxon Valdez Litigation UCLA J.ENvTL.L. & P 151 (2000) ICENSES AND DMISSIONS State Bar of Texas, admitted November 2002 (TX Bar # 24036842) State Bar of California, admitted December 2000 (CA Bar # 211361) U.S. Court of Appeals for the Fifth Circuit and the Ninth Circuit U.S. District Court, Northern and Eastern Districts of TX; Southern, Eastern, and Central Districts of CA EMBERSHIPS Texas Association of Turnover Receivers Texas Creditor’s Bar Association Consumer and Commercial Law, TX Bar Section ROFESSIONAL ONOR Texas Rising Stars, 2010 EMINAR PEAKER Receiverships in Justice Court, State Bar of Texas Justice Court Section February 7, 2020 Turnover Order/Receivership Training Program at N. TX JP & Constables Assoc. Decatur, TX March 28, 2019 IGNIFICANT EGAL XPERIENCE Present Jenkins Court Receivers, LLC fka Jenkins Law Firm, PC, Flower Mound, Texas: Receiver / Principal Shareholder: Serves Judges throughout Texas exclusively as a fulltime court appointed post judgment turnover receiver. 2007 Jenkins | Babb, LLP and Robert E. Jenkins, P.C., Dallas, Texas Managing Partner: Commercial and consumer collections, garnishment defense, foreclosures, enforcing judgments, and serving as courtappointed receiver. 2007 Vial, Hamilton, Koch & Knox, LLP, Dallas, Texas Litigation Associate: Practiced commercial and business litigation in the recovery of consumer and commercial debt, foreclosures, and judgment enforcement. 2000 Seltzer Caplan McMahon Vitek, San Diego, California Litigation Associate: Practiced business real estate litigation. Received and E-Filed for Record 12/30/2022 12:51 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Patricia Morrill NO. 22-04-04512 AMERICAN EXPRESS NATIONAL IN THE COUNTY COURT BANK, Plaintiff AT LAW NO 6 Vv. SAMUEL MANCUSO AKA SAMUEL A MONTGOMERY COUNTY, TEXAS MANCUSO, Defendant AGREED JUDGMENT On this date came to be considered the above-styled and numbered cause. All parties represent to the Court that all matters in controversy have been compromised and settled, and as such, request that the Court enter the following Judgment. Accordingly, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment shall be entered in favor of Plaintiff, AMERICAN EXPRESS NATIONAL BANK, and against Defendant, Samuel Mancuso Aka Samuel A Mancuso, in the total Judgment Amount of $6,759.57, plus all costs in this proceeding. Plaintiff shall have all writs and other process necessary to enforce this Judgment. All relief not expressly granted herein is denied. This Judgment finally disposes of all parties and all claims, and is appealable. 4116/2023 2:10:47 PM SIGNED this day of ,20 JUDGE PRESIDING Scharlene W. Valdez, Presiding Judge County Court at Law No. 6 Montgomery County, Texas RECEIVED By ZATE at 4:13 pm, Jan 10, 2023 267651016598 Minute 6th of January, 2023 AGREED AS TO FORM AND SUBSTANCE: 4 Date: 12/24/2022 Samuel Mancuso Aka Samuel A Mancuso, Defendant Mike Weston Date: 12/27/2022 Michael W. Weston, Attorney for Defendant Date: 12/29/22 [VM] Johnetta Vang, Esq. (State Bar Number 24036943) [ ] Olen Manning Iii, Esq. (State Bar Number 24118453) [ ] Melissa Reed, Esq. (State Bar Number 24046695) Attorneys for Plaintiff 14090 Sw Freeway Suite 408 Sugar Land, TX, 77478 ZATE_LITIGATION@ZWICKERPC.COM 267651016598 Minute 6th of January, 2023 NO. 22-04-04512 AMERICAN EXPRESS NATIONAL § BANK, § IN THE 6 COURT Plaintiff § COUNTY Vv. § MONTGOMERY COUNTY, TEXAS SAMUEL MANCUSO AKA SAMUEL A § MANCUSO, Defendant(s) PLAINTIFF’S POST-JUDGMENT DISCOVERY POST JUDGMENT REQUESTS FOR PRODUCTION TO DEFENDANT(S) To Defendant, by and through Defendant's attorney of record, Michael W. Weston WESTON LEGAL, PLLC 177 West Gray Street Houston, TX 77019 LAWSUITS@WESTONLEGAL.COM Pursuant to Rule 621a of the Texas Rules of Civil Procedure, you are requested to produce and permit the inspection and copying of each of the below listed items. You are to produce these items or categories of items no later than 30 days after the date you receive this request. Definitions 1 “You” or “your” refers to Defendant(s) and includes Defendant’s attorneys, accountants, bookkeepers, agents, employees, and/or representatives. 2. “Documents and tangible things” and “records and papers” means the existence, description, nature, custody, condition, location, and contents of papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations in your possession, custody, or control or known to you or your counsel, whether printed, computerized, microfilmed, reproduced by any other mechanical process or medium of expression, or written or produced by hand and whether or not claimed to be privileged, confidential, or personal, including but not limited to the final versions and all prior drafts of contracts; agreements; notes (including secretarial notes); business records; notebooks; work notes; work papers; communications (including intradepartmental communications and intercompany communications); facsimiles; telecopies; telefaxes; electronic mail; correspondence; statements; reports; telegrams; agendas; forms; memoranda; bulletins; appointment books; logs; messages; diaries; texts; manuals; reference works and materials; samples of materials; depositions; analyses; projections; damage projections; forecasts; statistical statements; financial records; reports; charts; brochures; purchase orders; estimates; computer inputs and outputs; calculations; compilations of data; demonstrative evidence (including physical models, sketches, charts, graphs, plans, drawings, etc.); journals; billings; billing statements and records; receipts; invoices; data compilations; slides; sketches; graphics; charts; movies; Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 videotapes; photographs and the negatives thereof; summaries, records, or minutes of meetings or conferences; expressions of statements of policy; lists of people attending meetings or conferences; summaries, records, or reports of personal conversations or investigations; summaries, records, or teports of interviews; and all other writings, and any other similar matter, now or formerly in your possession, custody, or control or that of your counsel, or of any other agent, representative, employee, bookkeeper, accountant, expert, or anyone else acting on your behalf, and includes documents used to support any conclusions or opinions reached. Any marginal comments appearing on any documents and any handwritten or other notations on any copy of a document render it original, requiring production of it or a true copy of it with such notations. 3 “Financial record” means, by way of example and without limitation, the original or true copies of the following items, whether printed, computerized, recorded, or reproduced by any other mechanical process or written or produced by hand: monthly unaudited statements and/or other periodic income and profit and loss statements; periodic balance sheets; financial statements or other statements regarding, relating to, or referring to your financial condition; federal and state income tax returns; volume of sales records; sales tax records and returns; payroll tax records and returns; cash disbursement journal(s); general ledger(s); receipts journal(s); accounts payable journal(s); and accounts receivable journal(s). If you are a partnership or limited partnership the phrase “financial record” also includes partnership agreement(s) and any amendments thereto and forms K-1 provided to the partners. Any marginal comments appearing on any financial record and any handwritten or other notations on any copy of a financial record render it original, requiring production of it or a true copy of it with such notations. 4 “Real property” means land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. 5 “Personal property” means any movable or intangible thing that is subject to ownership and not classified as real property. 6. “Relate to” means to name, refer to either directly or indirectly, comment on, analyze, teview, report on, form the basis of, be considered in the preparation of, result from, or have any logical relation or relevance to the entity, person, document, event, or action pertaining to the subject matter on which inquiry is made. 7 If you or any of your attorneys, agents, or representatives at any time had possession or control of a document requested and that document has been lost, destroyed, or purged or is not presently in your possession, custody, or control, identify the document and describe the circumstances surrounding the loss, destruction, purge, or separation from your possession, custody, or control, indicating the dates that those circumstances occurred. 8 If you allege that any request is in any manner ambiguous, you are instructed to describe in detail the reasons for your allegations that the request is ambiguous, including but not limited to each interpretation that you allege the specific request for discovery is subject to. Notwithstanding, you are instructed to respond, to the best of your ability, to the request for production and produce the documents requested. If you object to any request, you are instructed to identify, with specificity, the specific procedural rule(s) or substantive laws(s) on which you base your objection. Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 9. When producing documents and tangible things responsive to a request, you must either produce them as they are kept in the usual course of business or organize and label them to correspond with the categories in the request. Pursuant to Rule 621a of the Texas Rules of Civil Procedure, you are requested to produce all discoverable documents in your possession, custody, or control relating or relevant to any assets in which you hold any interest and which might be used to satisfy the Judgment entered in this cause, including but not limited to the originals or true and complete copies of the following items: 1 Any and all checkbooks, cancelled checks, account statements, deposit slips or trust vouchers for any and all bank accounts, wherever situated, existing for the benefit of or in the name of Defendant(s) individually, jointly, beneficially or in trust with any other individuals or entities for the past five (5) years. 2 Any and all income tax returns, gift tax returns, estate tax returns, partnership information returns, or other tax returns, whether state or federal, filed by or signed in any capacity by Defendant(s), individually or jointly with any other individuals or entities, whether such returns be individual or as a corporation, for the past five (5) years, including any estimates of income tax and any and all records of taxable income from any of these individuals or entities during the current tax year and any other years for which such returns have not yet been filed. All income tax returns signed in any capacity by Defendant(s) are also to be included herein, whether such income tax returns are those of a corporation or for any other type of entity. 3 The originals or true, correct and complete copies of certificates of title or titles for any and all motor vehicles, airplanes, boats and recreational vehicles in any capacity owned, held, or conveyed by or to Defendant(s), individually or jointly with any individual or entity, at any time during the past five (5) years. 4 The originals or true, correct and complete copies of any and all deeds, leases, mortgages, notes, liens, property tax receipts and any other documents in any way relating to any and all ownership interest in or conveyances of real property, including property claimed as homestead, in which legal or equitable title is held by Defendant(s), individually or jointly, or in any other capacity, whether in trust or otherwise, with any individual or entity, at any and all times during the past five (5) years. 5 Any and all contracts, partnership agreements, limited partnership agreements, or any other agreements, of whatever kind or character, entered into by Defendant(s), individually or jointly with any other individual or entity, for the performance of services or other acts for which it is in any way possible that the said Defendant(s) will or may receive any compensation or any other thing of value for such services for the past five (5) years. 6. Any and all stock certificates, mutual fund shares, credit union shares, certificates of deposit, trust indentures, trust receipts, or bonds, whether corporate, municipal or government, held in any capacity or owned by Defendant(s), whether individually or jointly with any other individual or entity, at any time during the past five (5) years. Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 7 Any and all account statements or other communications received at any time during the past five (5) years from any stock broker, brokerage firm, or other entity describing or otherwise relating to any stocks, bonds, or other securities held for Defendant(s) and any interest, dividends, or other revenues generated by such stocks, bonds, or other securities. 8 Any and all checkbooks, cancelled checks, account statements, deposit slips, pass books, trust vouchers, and all other written documentation of the existence of any and all bank accounts, savings accounts, trust funds, credit union deposits, certificates of deposit, or safety deposit boxes in which funds or real or personal property or any other assets, of whatever kind or character, in any way relating to the business operations or personal finances of Defendant(s) have been deposited, kept, maintained, withdrawn or otherwise recorded in any manner at any time during the past five (5) years. 9. Any and all annuity contracts, life insurance policies, liability policies and other insurance policies, of whatever kind or character, in any manner insuring the life or any real or personal assets, whether exempt nonexempt, or homestead, in any manner owned, held or otherwise accruing to the benefit of Defendant(s) wherein Defendant(s) is the owner of any such policy of the insured under any such policy or a beneficiary in any capacity under any such policy. 10. Any and all annuity contracts, life insurance policies, liability policies and other insurance policies, of whatever kind or character, on which Defendant(s) has paid any part of the premiums in the last two years. 11. Any and all books or records, of whatever kind or character, maintained by Defendant(s) or Defendant's agents, attorneys, business manager, accountants or other representatives, in any way reflecting the financial condition of Defendant(s) or any entity in which Defendant(s) has ever participated as an officer, director, owner, or member, including, but not limited to, notes payable, notes receivable, accounts receivable, accounts payable, financial statements, periodic and annual income statements, balance sheets, cash receipts and disbursement journals, profit and loss statements, general ledgers, statements of changes in financial position, statements of changes in shareholders' equity, and any and all other financial information in any way relating to any of Defendant's individual or personal finances during the past five (5) years. 12. Any statement of the financial condition of Defendant(s) furnished or exhibited to any person, institution or business organization during the past two years. 13. Any information provided to any educational institution in connection with a determination of qualification for financial aid for any member of the Defendant’s family. 14. Any financial statements prepared or issued by Defendant(s) during the past two years, to the extent such financial statements have not been produced in response to the foregoing requests. 15. Any and all stock certificates, mutual fund shares, credit union shares, certificates of deposit, trust receipts, bonds, whether corporate, municipal or government, held or owned in any capacity by Defendant(s) and conveyed in trust for the benefit of any other person or entity at any time during the past five (5) years. Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 16. Any and all partnership agreements, limited partnership agreements, Articles of Incorporation, assumed name certificates and trust indentures in any manner or capacity signed or executed by Defendant(s) or relating to any entity in which Defendant(s) has participated during the past five (5) years. 17. A detailed inventory of all assets of each non-corporate entity for which Defendant(s) owns or in which Defendant(s) has a financial interest as of the date of this request, whether such assets be owned by said entity or any other individual or entity, and including all physical assets on the premises of said entity, whether or not owned by said entity, including, but not limited to, furniture and furnishings, office machines, equipment, tools, motor vehicles, fixtures, inventory and paintings. 18. Any inventory of the property of Defendant(s) taken or prepared at any time within the past two years. 19. All documents, written records, photographs and videotapes which reflect inventories of each and every item of furniture and other assets owned, held, or in any capacity possessed by Defendant(s) including, but not limited to, insurance appraisals and insurance inventories as of the date of this request, including, but not limited to, paintings and furniture. 20. Any and all loan and bond applications submitted to any bank, insurance company, bonding company, lender, or other financial institution by Defendant(s) in any capacity, or by any officer, director or employee, or any entity in which Defendant(s) participated at any time during the past five (5) years. 21. Documents, written records, photographs and videotapes which reflect appraisals and dates of acquisition of all works of art or pieces of jewelry and their respective insurance policies at any time acquired by Defendant(s) or any non-incorporated entity in which Defendant(s) ever participated. 22. All jewelry owned by Defendant, along with homeowner’s policies and schedules or other insurance policies providing coverage of jewelry. 23. Any stamp collections owned by or for the benefit of Defendant(s). 24. Any coin collections owned by or for the benefit of Defendant(s). 25. Trust agreements and documents which Defendant(s) has created, or of which Defendant(s) is a beneficiary, created at any time during the past five (5) years. 26. Trust agreements for every trust to which the Defendant is a donor, beneficiary, or trustee. 27. All franchise tax returns filed in the name of Defendant(s). Plaintiff's Post-Judgment Discovery Requ Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 28. All documents reflecting transfer and/or sale of any assets of Defendant(s) including, but not limited to, real property and office equipment, machinery or supplies. 29. All documents reflecting the purchase of any assets by Defendant(s) including, but not limited to, real property and office equipment, machinery or supplies. 30. All documents filed with the Internal Revenue Service, including, but not limited to, IRS Form 941, pertaining to quarterly earnings, tax withholdings, FICA withheld, and the portion of FICA withheld on behalf of Defendant(s). 31. All documents filed with the Texas Employment Commission on behalf of Defendant(s) for Unemployment Tax paid to the State of Texas. 32. All documents filed with the Internal Revenue Service on behalf of Defendant, including, but not limited to, IRS Form 941, pertaining to Federal Unemployment Tax. 33. All documents filed with the State of Texas on behalf of Defendant(s) pertaining to Sales Tax collected. 34. All documents relating to the current status of Defendant(s) including, but not limited to, open bank accounts, deeds, accounts receivable, accounts payable, and rental of office space and equipment. 35. All documents which discuss, relate, or refer to the sale of assets of Defendant(s) to any other individual or entity. 36. Any and all documents containing information necessary and which will enable Defendants and their counsel to correlate any other documents produced with the assets, liabilities, transactions, occurrences, payments, credits, or offsets to which they refer. In lieu of producing the documents requested herein, you may produce all other documents organized by the assets, liabilities, transactions, occurrences, payments, credits, or offsets to which they refer. 37. The documents evidencing all IRA, SEPP, Keough, 401K, 403B, Roth, or other retirement plans held by or for the benefit of Defendant(s) and all statements pertaining to any such account for the past four years. 38. The documents evidencing Defendant’s contributions to any IRS 529b plans during the preceding four years. 39. With regard to every credit card and bank card that Defendant(s) has used during the preceding two years the monthly billing statements for each such card pertaining to that time period. 40. With regard to every ATM card that Defendant(s) has used during the preceding two years the monthly statements for each such card pertaining to that time period. 41. All traveler’s checks owned by Defendant(s). Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 42 All ATM and debit cards used by Defendant(s). 43 All of Defendant’s phone bills for the past two years. 44 Defendant’s passport 45 Documents reflecting Defendant’s ownership of any internet domain names. 46 Documents reflecting Defendant’s ownership of any web site. 47 All patent applications ever submitted by or on behalfof Defendant(s) 48 All copyright applications ever submitted by or on behalfof Defendant(s). 49 All trademark applications ever submitted by or on behalfof Defendant(s). 50. Every computer owned by Defendant(s). POST-JUDGMENT INTERROGATORIES TO DEFENDANT(S) Pursuant to Rule 621a of the Texas Rules of Civil Procedure, Plaintiff, requests that you answer the following interrogatories separately, fully, in writing, and under oath. You are to deliver a true and correct copy of your answers to our office within 30 days from the date you receive this request. 1 State the following information: Full legal name All other names you have ever used. Date of birth. Social Security Number. Driver’s license number. State issued by. Business address Residences address. Business and residence telephone numbers. 2 If you claim that any of the real or personal property owned by you is exempt from the claims of your creditors, state: description of each item, present market value and reason for the claimed exemption. Please note that Plaintiff will rely on your response (or lack thereof) to this interrogatory in identifying property that it believes to be non-exempt 3 Tf you claim that any of the property owned by you is the proceeds of property exempt from the claims of your creditors, state: description of each item, present market value and reason for the claimed exemption. Please note that Plaintiff will rely on your response (or lack thereof) to this interrogatory in identifying property that it believes to be non-exempt 4 If you are now or have ever been married, then state, with respect to each marriage: name of spouse, date of marriage, date of divorce (if applicable), and present address of spouse Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 5 If you have any children, then as to each child state: name, date of birth, residence, address and name and address of school attended or employer. 6. Are any other members of your family residing with you? a. If so, state the following information for each: employer, and compensation received from each employer. b If so, state how much money each such person contributes each month to your household income. 7 If funds received from your employment or that of members of your family residing with you are in a checking account, money market account, or other account from which money may be withdrawn by a check, or similar instrument, then for each account state: name and address of financial institution, name of account, account number, present balance, and signatures authorized 8 If you hold any funds or property in a trust, fiduciary, custodial, or bailee capacity, identify all such funds or property and the true owner of same. Please note that Plaintiff will rely on your response (or lack thereof) to this interrogatory in identifying property that it believes to be yours. 9. If you have been employed or done business during the past two years, then state: a. The nature of each employment or occupation you had b Each trade name or assumed name under which you have done business and complete address where each such business was conducted. Cc Full name and present address of each person who engaged in any partnership or business enterprise with you 10. If you have furnished any financial statement during the past two years, then state: a. Name and address of each person or institution to whom you furnished statements. b Exact date that each financial statement was furnished. c Please attach to these answers a copy of each financial statement described above If you have not attached such copy then state and list each item shown on the statement with its present location and value 11 Using the information on the last five (5) income tax returns prepared and filed by or for you, state The source and amount of each item of income listed. Address of IRS office where filed and date of filing. Total income received for each year. Amounts of any income received but not shown on any tax return Sources of other income not shown on tax returns. Date of receipt of income not shown on tax returns. 12 If you have an ownership interest or a leasehold interest in any real estate, then state, with tespect to each parcel: Street address. Full legal description (use attachments if necessary) Description of each structure or improvement. Name and address of any other person who has an ownership interest in property. Ownership of property as stated in documents of title Recording reference and present location of each document of title Present value of your equity interest in each property. 13 If any of the real property owned by you is encumbered by any type of lien or real estate mortgage, then state: a. Description of property encumbered. Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 Nature or type of encumbrance. Date of encumbrance. Name and address of holder of encumbrance. Consideration received for encumbrance. Date and place of recordation of encumbrance. 14 If you own any motor vehicles, then state: year, make, model, license number, state that issues the license number, motor number, serial number, and estimated value 15 If you own any other vehicles (including bicycles, scooters or Segways) or trailers of any sort, then state: year, make, model, license number, motor number, serial number, estimated value present location and usual location. 16. If you own any boats or boating equipment, then state: year, make, motor number, serial number, state registration number, and a. Present location b Usual docking location. c. Estimated value. d Complete description of any boating equipment owned €. Present location of boating equipment. 17 If you own any electronic devices including, without limitation, televisions, home theater systems, stereo systems, game systems, computers (both desktop and notebook), monitors printers, etc., then identify each such device by brand, model, serial number, and description (e.g., "42-inch digital television"\or "all-in-one printer") 18 Identify by title every DVD that you own. 19 Identify by title and artist every music CD that you own 20. Identify by title every gaming software DVD that you own. 21 If you own any aircraft, then state: year, make, model, registration number, motor number and serial number, and: a. Exact present location. b Complete description of any electronic or avionics equipment installed. 22. If you own any firearms, then state: make and model, serial number, exact present location. 23 If you own any collections of any kind (such as coin, stamp, etc.) state: complete description of each, contents of each, estimated present market value and exact present location. 24. If you own any tools or equipment of any sort, state: complete description of each tool or piece of equipment, registration number or serial number, estimated present market value and present location. 25 If you own any sporting goods, trophies (including hunting trophies) or equipment, state: complete description of each item, registration number or serial number, estimated present market value and present location. 26. If you own any paintings or other art objects of any kind, state: complete description of each item, artist, author, etc., estimated present market value and exact present location. 27 If you own any musical instruments, cameras, video and/or audio recording devices, sound boards, mixers, amplifiers or equipment of any kind, state: complete description of each item. brand, make/model etc., estimated present market value and exact present location 28 If any of the personal property described above as owned by you is encumbered by any security agreement or any other type of lien, state a. Description of each property encumbered (use attachments if necessary), b Nature of type of encumbrance. Plaintiff's Post-Judgment Discovery Requests: Certificate of Service AMERICAN EXPRESS NATIONAL BANK V. SAMUEL MANCUSO AKA SAMUEL A MANCUSO 267651015598 c Date of encumbrance. Name and address of holder of encumbrance Consideration received by you for encumbrance. f. Date and place of recordation of encumbrance. 29. If any item of your property has been pledged to secure a debt, state: Description of property pledged Amount of debt secured How debt was incurred. Date on which debt was incurred. Name and address of pledgee. Date on which possession transferred to pledgee. 30. If you have any ownership interest in any business, state: Full name of business. Form of business organization. Type of business conducted. Form of business conducted. Date you acquired your interes