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CAUSE
MICHAEL D. SYDOW, IN THE DISTRICT COURT
Plaintiff/Applicant
HARRIS COUNTY, TEXAS
LISA MINTON F/K/A LISA
PENAFIEL,
Defendant/Respondent JUDICIAL DISTRICT
APPLICATION FOR TURNOVER AND APPOINTMENT OF RECEIVER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, MICHAEL D. SYDOW SYDOW , Plaintiff and makes this
Application for Turnover after Judgment as herein stated with respect to the non exempt property
Defendant, LISA MINTON F/K/A LISA PENAFIEL MINTON , and as grounds for this
Application would show unto this Court as follows:
MINTON may be served with this Application under Rule 21a of the Texas Rules
of Civil Procedure by mailing this application by United States Certified Mail Return Receipt
Requested Lisa Minton f/k/a Lisa Penafiel Briar Forest Drive, # , Texas
or anywhere he may be found
October 4, , in the Judicial District Court of Harris County, Texas,
SYDOW obtained a Final Judgment against MINTON. The Judgment awarded against
MINTON among other awards, adjudges attorneys’ fees, costs, and sanction against MINTON
as follows:
The principal sum of FOUR HUNDRED SIXTY NINE THOUSAND SIX
HUNDRED THIRTY SIX AND 90/100 DOLLARS, together with post
judgment interest at a rate of compounded annually from June
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
2021 until paid in full together with costs of arbitration in the amount of
FIFTY SEVEN THOUSAND NINE HUNDRED FOURTEEN AND
42/100 DOLLARS which accrues interest at a rate of 5% compounded
annually from June 11, 2021 until paid in full for a total Judgment of FIVE
HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED FIFTY-
ONE AND 32/100 DOLLARS ($527,551.32) plus interest as stated (“the
JUDGMENT”).
3. There are no offsets and/or credits due on the JUDGMENT. The current
outstanding legal balance on the portion of the JUDGMENT cited above as of January 5, 2022 is
FIVE HUNDRED THIRTY-FOUR THOUSAND TWO HUNDRED SEVENTY-TWO 32/100
DOLLARS ($534,272.43). Interest continues to accrue daily at the rate of $72.27.
5. MINTON owns or controls one or more properties described as bank accounts,
cash, 1099 income, a Judgment in her favor against JOSE ALEJANDRO PENAFIEL, tax
refunds and/or causes of action, claims and/or lawsuits which are not exempt from attachment,
execution, or other seizure for satisfaction of liabilities. (See Affidavit of Michael D. Sydow
which is attached hereto and incorporated as if recited verbatim herein.)
6. None of the properties owned or controlled by MINTON listed above can be
readily attached or levied by ordinary legal process.
7. SYDOW requests that the court order MINTON to turn over the property listed
above and the documents listed on Exhibit "A" attached hereto and incorporated herein for all
purposes, together with all documents and records relating to the properties to the County Sheriff
for sale as under writ of execution and application of the proceeds to the satisfaction of SYDOW's
judgment. Alternatively, or in addition, SYDOW asks this Court to appoint a disinterested
qualified party as Receiver of their non-exempt assets and order MINTON to turn over the assets
and the rights to receive such assets and property, as well as documents and records relating to the
assets and properties, to the Receiver. The Court should authorize and empower the Receiver to
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
seize or otherwise take possession and control of all of MINTON’s right, title and interest in the
assets and properties referenced above and to apply the assets and properties to satisfaction of the
judgment, including selling the assets and properties, voting corporate shares, managing a
business, disbursing proceeds of income-producing properties or renting such properties.
8. As a result of MINTON’s failure and refusal to pay the Judgment rendered in this
case, SYDOW has been required to retain the undersigned legal counsel to institute and prosecute
this motion. SYDOW will pay and incur liability to pay fees for those services. SYDOW is
therefore entitled to recover the sum of $2,500.00 as its reasonable attorney=s fees for preparing
and urging this application.
WHEREFORE, MICHAEL D. SYDOW prays that the Court:
1. After notice and hearing, grant this Application; and
2. Appoint a qualified person as Receiver for the property described herein;
3. Order LISA MINTON F/K/A LISA PENAFIEL to turn over and deliver to the
Receiver, without delay, all assets and properties listed in this Application and all
documents relating to or evidencing LISA MINTON F/K/A LISA PENAFIEL’s
interest in the assets and properties;
4. Direct and empower the Receiver to possess, control and deal with the assets and
properties as set out in this Application or otherwise so as to apply the assets and
properties toward satisfaction of MICHAEL D. SYDOW’s Judgment; and
5. Render Judgment against LISA MINTON F/K/A LISA PENAFIEL for
attorney’s fees in the sum of $2,500.00, together with interest as allowed by law,
costs of suit, and such other and further relief as to which MICHAEL D. SYDOW
may be entitled.
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
Respectfully submitted,
ROBIN M. ZIEK, ATTORNEY AT LAW
By: Robin M. Ziek
ROBIN M. ZIEK
SBOT: 22262575
The Weslayan Tower
24 Greenway Plaza, Suite 2050
Houston, Texas 77046
(713) 222-8030 - telephone
(713) 759-6930 - facsimile
ATTORNEY FOR PLAINTIFF,
MICHAEL D. SYDOW
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing pleading was sent by certified
mail - return receipt requested to the following on this the 20th day of January 2022.
Ms. Lisa Minton
12800 Briar Forest Dr., #134
Houston, Texas 77077
/s/Robin M. Ziek
Robin M. Ziek
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
EXHIBIT "A"
DOCUMENTS TO BE PRODUCED
1. Copies of any and all documents evidencing any claims or choices of action that LISA
MINTON F/K/A LISA PENAFIEL has or is a party to including without limitation, to
any litigation pending in Europe, South America or the United States against JOSE
ALEJANDRO PENAFIEL.
2. LISA MINTON F/K/A LISA PENAFIEL’s last twelve (12) months of bank statements
together with all canceled checks, wire transfer slips and deposit slips from any and all
banks, brokerage house and savings and loan associations, credit unions or financial
institutions in which LISA MINTON F/K/A LISA PENAFIEL has a right to withdraw
or deposit funds.
3. Stock certificates, bonds or other securities owned by LISA MINTON F/K/A LISA
PENAFIEL in privately held or publicly traded companies or institutions.
4. All deeds or deeds of trust for real estate in which LISA MINTON F/K/A LISA
PENAFIEL owns or has owned an interest in since January 1, 2019, together with any
mortgage documents due on such real estate.
5. Any and all promissory notes or notes receivables due, whole or in part, to LISA MINTON
F/K/A LISA PENAFIEL.
6. LISA MINTON F/K/A LISA PENAFIEL’s most recent balance sheet.
7. LISA MINTON F/K/A LISA PENAFIEL =s most recent income statement.
8. All documents evidencing any transfers of LISA MINTON F/K/A LISA PENAFIEL’s
property, whether personal or real property, since January 1, 2019.
9. Any and all contracts to which LISA MINTON F/K/A LISA PENAFIEL is a party or
under which it has any present or future rights.
10. Any transfer documents from LISA MINTON F/K/A LISA PENAFIEL transferring any
interest in any stock, company, partnership or any other business entity and the documents
evidencing the consideration received by LISA MINTON F/K/A LISA PENAFIEL for
such transfer in the last ten (10) years.
11. Any and all documents evidencing mortgages on any real property owned by LISA
MINTON F/K/A LISA PENAFIEL or in which LISA MINTON F/K/A LISA
PENAFIEL has or has had an interest since January 1, 2019.
12. Any and all lawsuits, including pleadings and judgments in which LISA MINTON F/K/A
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
LISA PENAFIEL is a party or in which LISA MINTON F/K/A LISA PENAFIEL holds
a Judgment against any third-party or entity including the Judgment against JOSE
ALEJANDRO PENAFIEL in the principal amount of $249,600,000.00.
13. All documents given to any lender, financial institution or bank in the last five (5) years
which evidences the financial condition of LISA MINTON F/K/A LISA PENAFIEL.
14. An inventory of furniture, fixtures and equipment or personal property owned by LISA
MINTON F/K/A LISA PENAFIEL.
15. All policies of insurance, active or terminated, in the current year and two (2) calendar
years prior to the current year whether auto, health, general liability or otherwise of which
LISA MINTON F/K/A LISA PENAFIEL an owner, beneficiary, or an insured.
16. All certificates of title, current licenses, receipts, bills of sale, and loan documents for all
motor vehicles, including without limitation to automobiles, trucks, recreational vehicles,
boats, trailers, airplanes or other motorized vehicles and equipment owned by LISA
MINTON F/K/A LISA PENAFIEL.
17. All records of all traveler’s checks, cashier’s checks, money orders, drafts, and draws
purchased or cashed by LISA MINTON F/K/A LISA PENAFIEL within the last three
(3) years.
18. Copies of any trust documents to which LISA MINTON F/K/A LISA PENAFIEL is a
trustee or beneficiary.
19. Copies of any Form 1099 documents received by LISA MINTON F/K/A LISA
PENAFIEL for the period January 1, 2019 to present.
20. Copies of any Federal Income Tax Returns filed by LISA MINTON F/K/A LISA
PENAFIEL or on her behalf, including all schedules, statements and attachments for the
tax years 2019, 2020 and 2021.
21. Copies of any depositions taken of JOSE ALEJANDRO PENAFIEL or LISA MINTON
F/K/A LISA PENAFIEL’s children and any third parties in an effort to collect the
Judgment held by LISA MINTON F/K/A LISA PENAFIEL against JOSE
ALEJANDRO PENAFIEL, including any depositions taken by her current counsel,
Jeffrey Rosenblum or any attorney at Hogan Lovells.
22. To the extent not already produced in response to the foregoing, all documents, records
which LISA MINTON F/K/A LISA PENAFIEL owns or has an interest: all checks, cash,
securities (stocks and bonds), promissory notes, deeds, deeds of trust, documents of title,
contracts, accounts receivable, escrow agreements, retainage agreements, records and all
documents that identify property in which LISA MINTON F/K/A LISA PENAFIEL as
an interest, and that which is collateral or security for any obligation or contingent
obligation of LISA MINTON F/K/A LISA PENAFIEL along with all documents
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
indicating any interest of LISA MINTON F/K/A LISA PENAFIEL in rental agreements,
royalty agreements, licenses, bailment agreements, filings pursuant to the Uniform
Commercial Code, security agreements, assignments, all filed or recorded liens, lis
pendens, lawsuits, recorded Mechanics & Materialman’s liens Affidavits, judgments,
abstracts, partnership agreements, employment agreements, as well as LISA MINTON
F/K/A LISA PENAFIEL’s present or prospective rights in insurance policies or coverage.
Sydow v. Penafiel
Application for Turnover and Appointment of Receiver
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CAUSE MICHAEL D. SYDOW, IN THE DISTRICT COURT Plaintiff/Applicant HARRIS COUNTY, TEXAS LISA MINTON F/K/A LISA PENAFIEL, Defendant/Respondent JUDICIAL DISTRICT APPLICATION FOR TURNOVER AND APPOINTMENT OF RECEIVER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, MICHAEL D. SYDOW SYDOW , Plaintiff and makes this Application for Turnover after Judgment as herein stated with respect to the non exempt property Defendant, LISA MINTON F/K/A LISA PENAFIEL MINTON , and as grounds for this Application would show unto this Court as follows: MINTON may be served with this Application under Rule 21a of the Texas Rules of Civil Procedure by mailing this application by United States Certified Mail Return Receipt Requested Lisa Minton f/k/a Lisa Penafiel Briar Forest Drive, # , Texas or anywhere he may be found October 4, , in the Judicial District Court of Harris County, Texas, SYDOW obtained a Final Judgment against MINTON. The Judgment awarded against MINTON among other awards, adjudges attorneys’ fees, costs, and sanction against MINTON as follows: The principal sum of FOUR HUNDRED SIXTY NINE THOUSAND SIX HUNDRED THIRTY SIX AND 90/100 DOLLARS, together with post judgment interest at a rate of compounded annually from June Sydow v. Penafiel Application for Turnover and Appointment of Receiver 2021 until paid in full together with costs of arbitration in the amount of FIFTY SEVEN THOUSAND NINE HUNDRED FOURTEEN AND 42/100 DOLLARS which accrues interest at a rate of 5% compounded annually from June 11, 2021 until paid in full for a total Judgment of FIVE HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED FIFTY- ONE AND 32/100 DOLLARS ($527,551.32) plus interest as stated (“the JUDGMENT”). 3. There are no offsets and/or credits due on the JUDGMENT. The current outstanding legal balance on the portion of the JUDGMENT cited above as of January 5, 2022 is FIVE HUNDRED THIRTY-FOUR THOUSAND TWO HUNDRED SEVENTY-TWO 32/100 DOLLARS ($534,272.43). Interest continues to accrue daily at the rate of $72.27. 5. MINTON owns or controls one or more properties described as bank accounts, cash, 1099 income, a Judgment in her favor against JOSE ALEJANDRO PENAFIEL, tax refunds and/or causes of action, claims and/or lawsuits which are not exempt from attachment, execution, or other seizure for satisfaction of liabilities. (See Affidavit of Michael D. Sydow which is attached hereto and incorporated as if recited verbatim herein.) 6. None of the properties owned or controlled by MINTON listed above can be readily attached or levied by ordinary legal process. 7. SYDOW requests that the court order MINTON to turn over the property listed above and the documents listed on Exhibit "A" attached hereto and incorporated herein for all purposes, together with all documents and records relating to the properties to the County Sheriff for sale as under writ of execution and application of the proceeds to the satisfaction of SYDOW's judgment. Alternatively, or in addition, SYDOW asks this Court to appoint a disinterested qualified party as Receiver of their non-exempt assets and order MINTON to turn over the assets and the rights to receive such assets and property, as well as documents and records relating to the assets and properties, to the Receiver. The Court should authorize and empower the Receiver to Sydow v. Penafiel Application for Turnover and Appointment of Receiver seize or otherwise take possession and control of all of MINTON’s right, title and interest in the assets and properties referenced above and to apply the assets and properties to satisfaction of the judgment, including selling the assets and properties, voting corporate shares, managing a business, disbursing proceeds of income-producing properties or renting such properties. 8. As a result of MINTON’s failure and refusal to pay the Judgment rendered in this case, SYDOW has been required to retain the undersigned legal counsel to institute and prosecute this motion. SYDOW will pay and incur liability to pay fees for those services. SYDOW is therefore entitled to recover the sum of $2,500.00 as its reasonable attorney=s fees for preparing and urging this application. WHEREFORE, MICHAEL D. SYDOW prays that the Court: 1. After notice and hearing, grant this Application; and 2. Appoint a qualified person as Receiver for the property described herein; 3. Order LISA MINTON F/K/A LISA PENAFIEL to turn over and deliver to the Receiver, without delay, all assets and properties listed in this Application and all documents relating to or evidencing LISA MINTON F/K/A LISA PENAFIEL’s interest in the assets and properties; 4. Direct and empower the Receiver to possess, control and deal with the assets and properties as set out in this Application or otherwise so as to apply the assets and properties toward satisfaction of MICHAEL D. SYDOW’s Judgment; and 5. Render Judgment against LISA MINTON F/K/A LISA PENAFIEL for attorney’s fees in the sum of $2,500.00, together with interest as allowed by law, costs of suit, and such other and further relief as to which MICHAEL D. SYDOW may be entitled. Sydow v. Penafiel Application for Turnover and Appointment of Receiver Respectfully submitted, ROBIN M. ZIEK, ATTORNEY AT LAW By: Robin M. Ziek ROBIN M. ZIEK SBOT: 22262575 The Weslayan Tower 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 (713) 222-8030 - telephone (713) 759-6930 - facsimile ATTORNEY FOR PLAINTIFF, MICHAEL D. SYDOW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing pleading was sent by certified mail - return receipt requested to the following on this the 20th day of January 2022. Ms. Lisa Minton 12800 Briar Forest Dr., #134 Houston, Texas 77077 /s/Robin M. Ziek Robin M. Ziek Sydow v. Penafiel Application for Turnover and Appointment of Receiver EXHIBIT "A" DOCUMENTS TO BE PRODUCED 1. Copies of any and all documents evidencing any claims or choices of action that LISA MINTON F/K/A LISA PENAFIEL has or is a party to including without limitation, to any litigation pending in Europe, South America or the United States against JOSE ALEJANDRO PENAFIEL. 2. LISA MINTON F/K/A LISA PENAFIEL’s last twelve (12) months of bank statements together with all canceled checks, wire transfer slips and deposit slips from any and all banks, brokerage house and savings and loan associations, credit unions or financial institutions in which LISA MINTON F/K/A LISA PENAFIEL has a right to withdraw or deposit funds. 3. Stock certificates, bonds or other securities owned by LISA MINTON F/K/A LISA PENAFIEL in privately held or publicly traded companies or institutions. 4. All deeds or deeds of trust for real estate in which LISA MINTON F/K/A LISA PENAFIEL owns or has owned an interest in since January 1, 2019, together with any mortgage documents due on such real estate. 5. Any and all promissory notes or notes receivables due, whole or in part, to LISA MINTON F/K/A LISA PENAFIEL. 6. LISA MINTON F/K/A LISA PENAFIEL’s most recent balance sheet. 7. LISA MINTON F/K/A LISA PENAFIEL =s most recent income statement. 8. All documents evidencing any transfers of LISA MINTON F/K/A LISA PENAFIEL’s property, whether personal or real property, since January 1, 2019. 9. Any and all contracts to which LISA MINTON F/K/A LISA PENAFIEL is a party or under which it has any present or future rights. 10. Any transfer documents from LISA MINTON F/K/A LISA PENAFIEL transferring any interest in any stock, company, partnership or any other business entity and the documents evidencing the consideration received by LISA MINTON F/K/A LISA PENAFIEL for such transfer in the last ten (10) years. 11. Any and all documents evidencing mortgages on any real property owned by LISA MINTON F/K/A LISA PENAFIEL or in which LISA MINTON F/K/A LISA PENAFIEL has or has had an interest since January 1, 2019. 12. Any and all lawsuits, including pleadings and judgments in which LISA MINTON F/K/A Sydow v. Penafiel Application for Turnover and Appointment of Receiver LISA PENAFIEL is a party or in which LISA MINTON F/K/A LISA PENAFIEL holds a Judgment against any third-party or entity including the Judgment against JOSE ALEJANDRO PENAFIEL in the principal amount of $249,600,000.00. 13. All documents given to any lender, financial institution or bank in the last five (5) years which evidences the financial condition of LISA MINTON F/K/A LISA PENAFIEL. 14. An inventory of furniture, fixtures and equipment or personal property owned by LISA MINTON F/K/A LISA PENAFIEL. 15. All policies of insurance, active or terminated, in the current year and two (2) calendar years prior to the current year whether auto, health, general liability or otherwise of which LISA MINTON F/K/A LISA PENAFIEL an owner, beneficiary, or an insured. 16. All certificates of title, current licenses, receipts, bills of sale, and loan documents for all motor vehicles, including without limitation to automobiles, trucks, recreational vehicles, boats, trailers, airplanes or other motorized vehicles and equipment owned by LISA MINTON F/K/A LISA PENAFIEL. 17. All records of all traveler’s checks, cashier’s checks, money orders, drafts, and draws purchased or cashed by LISA MINTON F/K/A LISA PENAFIEL within the last three (3) years. 18. Copies of any trust documents to which LISA MINTON F/K/A LISA PENAFIEL is a trustee or beneficiary. 19. Copies of any Form 1099 documents received by LISA MINTON F/K/A LISA PENAFIEL for the period January 1, 2019 to present. 20. Copies of any Federal Income Tax Returns filed by LISA MINTON F/K/A LISA PENAFIEL or on her behalf, including all schedules, statements and attachments for the tax years 2019, 2020 and 2021. 21. Copies of any depositions taken of JOSE ALEJANDRO PENAFIEL or LISA MINTON F/K/A LISA PENAFIEL’s children and any third parties in an effort to collect the Judgment held by LISA MINTON F/K/A LISA PENAFIEL against JOSE ALEJANDRO PENAFIEL, including any depositions taken by her current counsel, Jeffrey Rosenblum or any attorney at Hogan Lovells. 22. To the extent not already produced in response to the foregoing, all documents, records which LISA MINTON F/K/A LISA PENAFIEL owns or has an interest: all checks, cash, securities (stocks and bonds), promissory notes, deeds, deeds of trust, documents of title, contracts, accounts receivable, escrow agreements, retainage agreements, records and all documents that identify property in which LISA MINTON F/K/A LISA PENAFIEL as an interest, and that which is collateral or security for any obligation or contingent obligation of LISA MINTON F/K/A LISA PENAFIEL along with all documents Sydow v. Penafiel Application for Turnover and Appointment of Receiver indicating any interest of LISA MINTON F/K/A LISA PENAFIEL in rental agreements, royalty agreements, licenses, bailment agreements, filings pursuant to the Uniform Commercial Code, security agreements, assignments, all filed or recorded liens, lis pendens, lawsuits, recorded Mechanics & Materialman’s liens Affidavits, judgments, abstracts, partnership agreements, employment agreements, as well as LISA MINTON F/K/A LISA PENAFIEL’s present or prospective rights in insurance policies or coverage. Sydow v. Penafiel Application for Turnover and Appointment of Receiver