Preview
FILED
5/14/2021 4:38 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Darling Tellez DEPUTY
NO. DC20-07433-B
TIMOTHY G. PLETTA, Indv. and IN THE DISTRICT COURT
d/b/a Law Office of Timothy G.
Pletta and as Trustee for the
ANN HENNUM & TIMOTHY GERARD
PLETTA REVOCABLE TRUST, ANN H.
PLETTA, Indv. and MARIELLA L.
PLETTA,
Plaintiff,
Vs.
HERITAGE HOUSE CLOCKS, INC.
d/b/a Heritage House Clocks,
a Franchise Tax Ended Texas
Corporation, VALENTINO S. DALLAS COUNTY, TEXAS
MARCHESONT, Indv. and d/b/a
Heritage House Clocks
NICHOLAS MARCHESONI, indv. and
d/b/a Heritage House Clocks
GLENDA MARCHESONI, Indv. and
d/b/a Heritage House Clocks,
B&R WILEY FAMILY, GP., L.u.C.,
B&R WILEY FAMILY, L.P. d/b/a
Servpro of Mesquite, Kaufman
County and Cedar Creek, BRANDON
J. WILEY a/k/a BRANDON JOE WILEY,
REGINA L. WILEY a/k/a REGINA LYNN
WILEY, JENNIFER EVARTT, EDWARD
EVARTT, a/k/a EDWARD EVART III
a/k/a EDWARD DEAN EVARTT a/k/a
EDDIE EVARTT and ALLSTATE
INSURANCE COMPANY,
Defendant. 134 JUDICIAL DISTRICT
COUNTER-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT
COMES NOW, TIMOTHY G. PLETTA ("Counter-Defendant") in the
above-referenced and cause numbered action who move the Court to
sign and enter a Take Nothing Judgment against B&R WILEY FAMILY,
L.P., d/b/a Servpro of Mesquite, Kaufman County and Cedar Creek, a
Forfeited Texas Limited Partnership ("Counter~Plaintiff") and would
show unto the Court the following:
COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page L
oe
Counter-Plaintiff has made and alleged a Counter-Claim against
Counter~Defendant, for which judicial notice is requested.
ci
However, as of today's date, the corporate privileges of the
defendant limited partnership have been and remain forfeited for
which judicial notice is requested, a copy of which is attached
hereto and incorporated herein by reference. Pursuant to Texas Tax
Code 171.252(1), the entity shall be denied the right to sue or
defend this lawsuit.
Tir.
Accordingly, Counter-Defendant is entitled to a Take Nothing
Judgment against Counter-Plaintiff.
COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page 2
WHEREFORE, PREMISES CONSIDERED, Counter-~Defendant prays that
the Court sign and enter a Take Nothing Judgment against Counter-
Plaintiff. Plaintiff prays for general relief.
Respectfully submitted,
JAW OFFICE OF TIMOTHY G. PLETTA
B @(L_—
TIMOTHY PLETTA
State Bat No. 16071800
150 Bethel Road
Coppell, Texas 75019
Telephone: (972) 462-0321
Facsimile: (972) 462-0465
AttorneyPletta@HotMail
.Com
ATTORNEY FOR PLAINTIFF,
TIMOTHY G. PLETTA, Indv. and
d/b/a Law Office of Timothy G.
Pletta and as Trustee for the
ANN HENNUM & TIMOTHY GERARD
PLETTA REVOCABLE TRUST, ANN H.
PLETTA, Indv. and MARIELLA L.
PLETTA
ATTORNEY FOR COUNTER-DEFENDANT,
TIMOTHY G. PLETTA
MOTION FOR TAKE NOTHING JUDGMENT Page 3
COUNTERT-DEFENDANT'S
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this Counter-
Defendant's Motion for Take Nothing Judgment has been made on all
parties by and through their attorney of record, via e-file, on
this the 14th day of May, 2021.
TIMOTHY G. LETTA
COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page 4
i
Stns eT,
Franchise Tax Account Status
As of : 05/14/2021 15:33:14
This page is valid for most business transactions but is not sufficient for filings with the Secretary of
State
B&R WILEY FAMILY, L.P.
Texas Taxpayer Number 17109179246
Mailing Address PO BOX 851717 MESQUITE, TX 75185-1717
@ Right to Transact Business in FRANCHISE TAX INVOLUNTARILY ENDED
Texas Request tax clearance to reinstate entity
State of Formation TX
Effective SOS Registration Date 12/03/2002
Texas SOS File Number 0800147575
Registered Agent Name Not on file
Registered Office Street Address
‘ranchise Tax Account Status Help
- ee a en ee ee — Se
dstailed Instructions
_
@xae Taxpayer Number
ha Texas Taxpayer Number is the 1-digit number assigned by the Compliotier ot Public Accounts, The Texes taxpayer number is not the same as ine Faderal Empfoyer
Jontificauan Number or the Taxes Secretary of State (S08) Fi'e Number.
aRiling Address
he mailing address is the entity's contact address on file with ‘he Gamptroilar's office used lo Send noticas and corraspondances.
tight to Transact Business in Texas
ight te transact business In Texas Indicates an ont! franchise tax account status
IE Faght 10 Transact Business is . ‘Then,
Active ‘The enthy's ight 10 transact businass In Texas is wtlact.
Active, Eligible for ‘The ontity has met franchise (ax roquiraments to fila for termination or withrawal with the Texas Secretary of State.
Termination/Withdrawat
Forteited The aatity’s right to transa¢t business in Texas Is forfsited ,
‘Not Established The entity has nat camnpleted a franchisw tax accountabillty quastio nats. omsitrol ier,
Franchise Tax Ended ‘The ontity’s franchisa tox responslbitities ause-iberuntity
tas cease to exlotin tesialoaf ry of formation or has ceased \
doing business in Texas,
Franchise Tax hwoluntarily Ended The antty's registra ery Certificate was ended os n resutt of a tax forlenura or an administrative tortelturd by Toxas Sacratary of State,
Stete of Formatian
The state in which the onnty Is organzed, —
a ee
Effective SOS Registration Date
The effective date of a Texas enttty's formation document or an t-of-state enfity's registratian document fied with the Sagrataryof State, Genoraliy, a document takes ettac
whan filed by the Seeretary of State, Howaver, a formation oF1 istratlon cocument may have an effective dais inal occurs alter the date the document is fled by the Secratary
of State.
Texas SOS Fila Numbor
The Texas SOS Fite number |s the number assigned to an anbty registered with the Texas Secretary of State,
Registared Agant Name
‘An individys! residont of Texas of an organization that |S authorized to Iransact business in Texas who consents to act as an agent for the entity for purposes of receiving any
process, Notice ar demond required or permitted by iaw fo be served on the entity. An entity cannot act a¢ iis own registered agent. Changes lo registered agent information
must ba filed wit the Texas Seosatary of Slate unless the entiy 15 not registered with the Texas Secrelary of Stale.
Registered Otfice Street Address
‘The physical sweet address where the rogistered agent may personally recaiva service of procas’ or officlal notices addressed to tho entity, Ghanges to registered agent
information must be filed with the Texas Sacrstary of State unless the entity Is not registered with the Texas Secretary of State,
a ee a ee
(1) does not file, in accordance with this chapter and within
Gayo atter tie dave motice of forte, ture. is mailed. a report required
this chapter;
(2) dees not pay, within 45 days after the date notice of
cfeiture is mailed, a tax imposed by this chapter or does not pay,
chin these 45 days, a penalty imposed by this chapter relating to that
a? or
(3) does not permit the comptroller to examine under Section
1.211 of this code the corporation's records.
ts 1981, 1703, ch, 389, Sec. i, eff. Jan. 1, 1982.
67th Leg., De
ended by Acts 1984, 68th Leg., 2nd c,S., ch, 10, etter) 3, Sec. 5, eff.
at. 1, 1984; Acts 1989, Tist Leg., ch. 584, Sec 110, eff. Sept. 1,
39; Acts 1991, 72nd Leg., lst IC $ , ch. S, Sec. 8.19, eff. Jan. 1,
92; Acts 1993, 73rd Leg., ch. 546, Sec. 10, eff. Jan, 1, 1994,
Sec. 171.2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT
SINESS IN THIS STATE. (a) The comptroller may, for the same reasons
d using the same procedures the comptroller uses in relation to the
rfeiture of the corporate privileges of a corporation, forfeit the
ght of a taxable entity to transact business in this state.
(b) The provisions of this subchapter, including Section 171,255,
at apply to the forfeiture of corporate privileges apply to the
rfeiture of a taxable entity's right to transact business in this
ate.
ded by Acts 2006, och Geog. 3rd C 5Ss fr Ch. 1 (H.B. 3), Sec. 9 eff.
nuary 1, 2008.
/
Sec. 171.252. EFFECTS OF FORFEITURE. If the corporate ociviteces \
a corporation are forfeited under this subchapter:
right to sue or defend
\,
(3) the corporation shall be denied the
court of this state; and
(2) each director or o € cer of the corporation is liable for a }
corporation as provided by Section ql 259 Obecni>s. cote.
bt of the
ts 1981, 67th Leg., Pp 1704, ch. 389, Sec. i, eff. Jan. 1, 1982.
Aa
Sec. ae oS SUIT ON CAUSE OF ACTION ARISING BEFORE FORFEITURE.
a suit against a oe —O—OOOO—SO—CO—CCOC“NNNCNN arising before the
sfeiture of the corporate privileges of the corporation, affirmative
-lef may nok be granted to the corporation unless its corporate
-vVileges are revived under this chapter,
zs 1981, 67th Leg., Pp. 1704, ch. 389, Sec, _ eit. Jan. 1, 1982.
Sec. 171.254. EXCEPTION TO FORFEITURE. The forfeiture of the
cporate privileges of a corporation does not apply to the privilege to
Fend in a suit to forfeit the corporation's charter or certificate of
chority.
ts 1981, 67th Leg., 1704, ch. 389, Sec, 1,
p. eff. Jan, 1, 1982.
Sec. lee oon LIABILITY OF DIRECTOR AND OFFICERS. (a) If the
rporate privileges of a corporation are forfeited for the failure to
= report or pay a tax or penalty, each
le a director or officer of the
rporation is liable for each debt of the corporation that is created or
curred in this state after the date on which the report, tax, or
nalty is due and before the corporate privileges are revived. The
ability includes liability for any tax or penalty imposed by this
apter on the corporation that becomes due and payable after the date of
e forfeiture.
(b) The liability of a director or officer is in the same manner
d to the same ee Meenas) le the Cine crOn Ol. On Cem: Were a pantnem. and
e corporation were a partnership.
{c} A director or officer is not liable for a debt of the
yporation if the director or officer shows that the debt was created or
curred:
{1} over the directer’s objection; or
(2) without the director's knowledge and that the exercise of
asonable diligence to become acquainted with the affairs of the
rporation wou 1 ad not have revealed the intention to create the debt.
(d)} if corporation's charter or certificate of authority and its
rporate privileges are forfeited and revived under this chapter, the
ability under this section of a director or officer of the corporation
not affected by the revival of the charter or certificate and the
(1) OO nnn — iT SE T—OOCSC—COCONNN
days after the date notice of forfeiture is mailed, a report required
this chapter;
(2) does not pay, within 45 days after the date notice of
rfeiture is mailed, a tax imposed by this chapter or dees not pay,
thin those 45 days, a penalty imposed by this chapter relating to that
Re or
(3) does not permit the comptroller to examine under Section
1.211 of this code the corporation's records.
ts 1981, 67th Leg., p. 1703, ch. 383, Sec. 1 eff. Jan. 1 1982.
ended by Acts 1984, 68th Leg.; 2nd C.S., ch. 10, art. oF Sec. 5 eff.
pt. 1, 1984; Acts 1989, Tist Leg., ch. 584, Sec. 110, eff. Sept. Ly
89; Acts 1991, 72nd Leg., lst C.S., ch. 5, Sec, 8.13, eff. Jan, 1,
92; Acts 1993, 73rd Leg., ch 546, Sec, 10, eff. Jan, i, 1994,
Sec. 171.2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT
SINESS IN THIS STATE. (a) The comptroller may, for the same reasons
dad using the same procedures the comptroller uses in relation to the
rfeiture of the corporate privileges of a corporation, forfeit the
ght of taxable entity to transact business in this state.
a
(b) The provisions of this subchapter, including Section 171.255,
iat apply to the forfeiture of corporate privileges apply to the
of a taxable entity's right to transact business in this
irfeiture
-ate.
c sS
ided by Acts 2006, 79th Leg., 3rd Cc Z Ch. 1 CH Be 3), Sec. or eff.
ainuary 1, 2008.
4
Sec. 171.252. EFFECTS OF FORFEITURE. If the corporate ertviieges \
corporation are forfeited under this subchapter:
=z a
\
the corporation shall be denied the right to sue or defend
(1)
court
(2)
of this
each
state;
director
and
or officer of fhe om
corporatl as iable ton a )
as provided by Section il s299 om chic) coder
ebt of the cor poration
1
1704, ch. 389, Sec. i, eff. Jan. aa 1982.
cts 1981, 67th Leg-, Pp.
Sec. ee Zo SUIT ON CAUSE OF ACTION ARISING BEFORE FORFEITURE,
@ suit against a corporation on a cause of action arising before the
cfeiture of the corporate privileges of the corporation, affirmative
lief may not be granted to the corporation unless its corporate
ivileges are revived under this chapter.
ts 1981, 67th Leg., 1704,
p. ch, 389, Seer 1, eff. Jan. _ 1982.
Sec. 171,254. EXCEPTION TO FORFEITURE. The forfeiture of the
rporate privileges of a corporation does not apply to the pr ivilege to
i i in nT TS —=———O certificate of
thority.
ts 1981, 67th Leg., Pp 1704, ch. 38S, Sec. 1, eff. Jan.
4
a) 1982.
Sec. 171.255 LIABILITY OF DIRECTOR AND OFFICERS, {a) If the
xcporate privileges of a corporation are forfeited for the failure to
Nera) Gepout. Ol: Day, a. tex Om Denaluy, each director or officer of the
rporation is liable for each debt of the corporation that is created or
curred in this state after the date on which the report, tax, or
nalty is due and before the corporate privileges are revived. The
ability includes liability for any tax or penalty imposed by this
iapter on the corporation that becomes due and payable after the date of
1e forfeiture.
(b) The liability of a director or officer is in the same manner
id to the same extent as if the director or officer were a partner and
1@ corporation were a partnership.
(c) A director or officer is not liable for a debt of the
yyporation if the director or officer shows that the debt was created or
curred:
QQ) over the director's objection; or
(2) without the director's knowledge and that the exercise of
asonable diligence to become acquainted with the affairs of the
rporation would not have revealed the intention to create the debt.
(d) If a corporation's charter or certificate of authority and its
roe leges are forfeited and revived under this chapter, the
rporate p Livi
+t. SeCelon Ob a Ol geebom Om orice: or Che Cconponation
ability under
not affected by the revival of the charter or certificate and the
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 53473177
Status as of 5/18/2021 9:01 AM CST
Associated Case Party: TIMOTHYG.PLETTA
Name BarNumber | Email TimestampSubmitted | Status
John Charles Sherwood 18254700 Jsherwood@sherwoodlawoffice.com | 5/14/2021 4:38:39 PM | SENT
Timothy Pletta 16071800 attorneypletta@hotmail.com 5/14/2021 4:38:39 PM | SENT
Associated Case Party: HERITAGE HOUSE CLOCKS, INC.
Name BarNumber Email TimestampSubmitted | Status
TIMOTHY R.STRANN strannlaw@aol.com | 5/14/2021 4:38:39 PM | SENT
Associated Case Party: B&R WILEY FAMILY, GP., L.L.C. D/B/A SERV PRO OF
MESQUITE & KAUFMAN COUNTY
Name BarNumber | Email TimestampSubmitted | Status
Keith W.Marshall attymarshall@sbcglobal.net | 5/14/2021 4:38:39 PM SENT
Robert Ruotolo ruotolo@buschllp.com 5/14/2021 4:38:39 PM SENT
N. HenrySimpson, III hsimpson@buschllp.com 5/14/2021 4:38:39 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 5/14/2021 4:38:39 PM SENT
TIMOTHY PLETTA attorneypletta@hotmail.com | 5/14/2021 4:38:39 PM SENT
Kevin Perry kevin@buschllp.com 5/14/2021 4:38:39 PM SENT
Traci Tuffin ttuffin@mayerllp.com 5/14/2021 4:38:39 PM SENT
J. Silva JSILVA@LEGALMGT.COM | 5/14/2021 4:38:39 PM SENT
Associated Case Party: B&R WILEY FAMILY, L.P. D/B/A SERV PRO OF MESQUITE
& KAUFMAN COUNTYAND CEDAR CREEK
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 53473177
Status as of 5/18/2021 9:01 AM CST
Associated Case Party: B&R WILEY FAMILY, L.P. D/B/A SERV PRO OF MESQUITE
& KAUFMAN COUNTYAND CEDAR CREEK
Name BarNumber | Email TimestampSubmitted | Status
Jason Kerr jkerr@mayerllp.com 5/14/2021 4:38:39 PM | SENT
Michael RossKepesky rkepesky@mayerllp.com | 5/14/2021 4:38:39 PM | SENT
Associated Case Party: ALLSTATE INSURANCE COMPANY
Name BarNumber | Email TimestampSubmitted Status
Roger Higgins rhiggins@thompsoncoe.com 5/14/2021 4:38:39 PM SENT
Sallie Jenkins sjenkins@thompsoncoe.com 5/14/2021 4:38:39 PM SENT
Brandt R.Johnson BRJohnson@thompsoncoe.com | 5/14/2021 4:38:39 PM SENT
Preview
FILED 5/14/2021 4:38 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Darling Tellez DEPUTY NO. DC20-07433-B TIMOTHY G. PLETTA, Indv. and IN THE DISTRICT COURT d/b/a Law Office of Timothy G. Pletta and as Trustee for the ANN HENNUM & TIMOTHY GERARD PLETTA REVOCABLE TRUST, ANN H. PLETTA, Indv. and MARIELLA L. PLETTA, Plaintiff, Vs. HERITAGE HOUSE CLOCKS, INC. d/b/a Heritage House Clocks, a Franchise Tax Ended Texas Corporation, VALENTINO S. DALLAS COUNTY, TEXAS MARCHESONT, Indv. and d/b/a Heritage House Clocks NICHOLAS MARCHESONI, indv. and d/b/a Heritage House Clocks GLENDA MARCHESONI, Indv. and d/b/a Heritage House Clocks, B&R WILEY FAMILY, GP., L.u.C., B&R WILEY FAMILY, L.P. d/b/a Servpro of Mesquite, Kaufman County and Cedar Creek, BRANDON J. WILEY a/k/a BRANDON JOE WILEY, REGINA L. WILEY a/k/a REGINA LYNN WILEY, JENNIFER EVARTT, EDWARD EVARTT, a/k/a EDWARD EVART III a/k/a EDWARD DEAN EVARTT a/k/a EDDIE EVARTT and ALLSTATE INSURANCE COMPANY, Defendant. 134 JUDICIAL DISTRICT COUNTER-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT COMES NOW, TIMOTHY G. PLETTA ("Counter-Defendant") in the above-referenced and cause numbered action who move the Court to sign and enter a Take Nothing Judgment against B&R WILEY FAMILY, L.P., d/b/a Servpro of Mesquite, Kaufman County and Cedar Creek, a Forfeited Texas Limited Partnership ("Counter~Plaintiff") and would show unto the Court the following: COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page L oe Counter-Plaintiff has made and alleged a Counter-Claim against Counter~Defendant, for which judicial notice is requested. ci However, as of today's date, the corporate privileges of the defendant limited partnership have been and remain forfeited for which judicial notice is requested, a copy of which is attached hereto and incorporated herein by reference. Pursuant to Texas Tax Code 171.252(1), the entity shall be denied the right to sue or defend this lawsuit. Tir. Accordingly, Counter-Defendant is entitled to a Take Nothing Judgment against Counter-Plaintiff. COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page 2 WHEREFORE, PREMISES CONSIDERED, Counter-~Defendant prays that the Court sign and enter a Take Nothing Judgment against Counter- Plaintiff. Plaintiff prays for general relief. Respectfully submitted, JAW OFFICE OF TIMOTHY G. PLETTA B @(L_— TIMOTHY PLETTA State Bat No. 16071800 150 Bethel Road Coppell, Texas 75019 Telephone: (972) 462-0321 Facsimile: (972) 462-0465 AttorneyPletta@HotMail .Com ATTORNEY FOR PLAINTIFF, TIMOTHY G. PLETTA, Indv. and d/b/a Law Office of Timothy G. Pletta and as Trustee for the ANN HENNUM & TIMOTHY GERARD PLETTA REVOCABLE TRUST, ANN H. PLETTA, Indv. and MARIELLA L. PLETTA ATTORNEY FOR COUNTER-DEFENDANT, TIMOTHY G. PLETTA MOTION FOR TAKE NOTHING JUDGMENT Page 3 COUNTERT-DEFENDANT'S CERTIFICATE OF SERVICE This is to certify a true and correct copy of this Counter- Defendant's Motion for Take Nothing Judgment has been made on all parties by and through their attorney of record, via e-file, on this the 14th day of May, 2021. TIMOTHY G. LETTA COUNTERT-DEFENDANT'S MOTION FOR TAKE NOTHING JUDGMENT Page 4 i Stns eT, Franchise Tax Account Status As of : 05/14/2021 15:33:14 This page is valid for most business transactions but is not sufficient for filings with the Secretary of State B&R WILEY FAMILY, L.P. Texas Taxpayer Number 17109179246 Mailing Address PO BOX 851717 MESQUITE, TX 75185-1717 @ Right to Transact Business in FRANCHISE TAX INVOLUNTARILY ENDED Texas Request tax clearance to reinstate entity State of Formation TX Effective SOS Registration Date 12/03/2002 Texas SOS File Number 0800147575 Registered Agent Name Not on file Registered Office Street Address ‘ranchise Tax Account Status Help - ee a en ee ee — Se dstailed Instructions _ @xae Taxpayer Number ha Texas Taxpayer Number is the 1-digit number assigned by the Compliotier ot Public Accounts, The Texes taxpayer number is not the same as ine Faderal Empfoyer Jontificauan Number or the Taxes Secretary of State (S08) Fi'e Number. aRiling Address he mailing address is the entity's contact address on file with ‘he Gamptroilar's office used lo Send noticas and corraspondances. tight to Transact Business in Texas ight te transact business In Texas Indicates an ont! franchise tax account status IE Faght 10 Transact Business is . ‘Then, Active ‘The enthy's ight 10 transact businass In Texas is wtlact. Active, Eligible for ‘The ontity has met franchise (ax roquiraments to fila for termination or withrawal with the Texas Secretary of State. Termination/Withdrawat Forteited The aatity’s right to transa¢t business in Texas Is forfsited , ‘Not Established The entity has nat camnpleted a franchisw tax accountabillty quastio nats. omsitrol ier, Franchise Tax Ended ‘The ontity’s franchisa tox responslbitities ause-iberuntity tas cease to exlotin tesialoaf ry of formation or has ceased \ doing business in Texas, Franchise Tax hwoluntarily Ended The antty's registra ery Certificate was ended os n resutt of a tax forlenura or an administrative tortelturd by Toxas Sacratary of State, Stete of Formatian The state in which the onnty Is organzed, — a ee Effective SOS Registration Date The effective date of a Texas enttty's formation document or an t-of-state enfity's registratian document fied with the Sagrataryof State, Genoraliy, a document takes ettac whan filed by the Seeretary of State, Howaver, a formation oF1 istratlon cocument may have an effective dais inal occurs alter the date the document is fled by the Secratary of State. Texas SOS Fila Numbor The Texas SOS Fite number |s the number assigned to an anbty registered with the Texas Secretary of State, Registared Agant Name ‘An individys! residont of Texas of an organization that |S authorized to Iransact business in Texas who consents to act as an agent for the entity for purposes of receiving any process, Notice ar demond required or permitted by iaw fo be served on the entity. An entity cannot act a¢ iis own registered agent. Changes lo registered agent information must ba filed wit the Texas Seosatary of Slate unless the entiy 15 not registered with the Texas Secrelary of Stale. Registered Otfice Street Address ‘The physical sweet address where the rogistered agent may personally recaiva service of procas’ or officlal notices addressed to tho entity, Ghanges to registered agent information must be filed with the Texas Sacrstary of State unless the entity Is not registered with the Texas Secretary of State, a ee a ee (1) does not file, in accordance with this chapter and within Gayo atter tie dave motice of forte, ture. is mailed. a report required this chapter; (2) dees not pay, within 45 days after the date notice of cfeiture is mailed, a tax imposed by this chapter or does not pay, chin these 45 days, a penalty imposed by this chapter relating to that a? or (3) does not permit the comptroller to examine under Section 1.211 of this code the corporation's records. ts 1981, 1703, ch, 389, Sec. i, eff. Jan. 1, 1982. 67th Leg., De ended by Acts 1984, 68th Leg., 2nd c,S., ch, 10, etter) 3, Sec. 5, eff. at. 1, 1984; Acts 1989, Tist Leg., ch. 584, Sec 110, eff. Sept. 1, 39; Acts 1991, 72nd Leg., lst IC $ , ch. S, Sec. 8.19, eff. Jan. 1, 92; Acts 1993, 73rd Leg., ch. 546, Sec. 10, eff. Jan, 1, 1994, Sec. 171.2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT SINESS IN THIS STATE. (a) The comptroller may, for the same reasons d using the same procedures the comptroller uses in relation to the rfeiture of the corporate privileges of a corporation, forfeit the ght of a taxable entity to transact business in this state. (b) The provisions of this subchapter, including Section 171,255, at apply to the forfeiture of corporate privileges apply to the rfeiture of a taxable entity's right to transact business in this ate. ded by Acts 2006, och Geog. 3rd C 5Ss fr Ch. 1 (H.B. 3), Sec. 9 eff. nuary 1, 2008. / Sec. 171.252. EFFECTS OF FORFEITURE. If the corporate ociviteces \ a corporation are forfeited under this subchapter: right to sue or defend \, (3) the corporation shall be denied the court of this state; and (2) each director or o € cer of the corporation is liable for a } corporation as provided by Section ql 259 Obecni>s. cote. bt of the ts 1981, 67th Leg., Pp 1704, ch. 389, Sec. i, eff. Jan. 1, 1982. Aa Sec. ae oS SUIT ON CAUSE OF ACTION ARISING BEFORE FORFEITURE. a suit against a oe —O—OOOO—SO—CO—CCOC“NNNCNN arising before the sfeiture of the corporate privileges of the corporation, affirmative -lef may nok be granted to the corporation unless its corporate -vVileges are revived under this chapter, zs 1981, 67th Leg., Pp. 1704, ch. 389, Sec, _ eit. Jan. 1, 1982. Sec. 171.254. EXCEPTION TO FORFEITURE. The forfeiture of the cporate privileges of a corporation does not apply to the privilege to Fend in a suit to forfeit the corporation's charter or certificate of chority. ts 1981, 67th Leg., 1704, ch. 389, Sec, 1, p. eff. Jan, 1, 1982. Sec. lee oon LIABILITY OF DIRECTOR AND OFFICERS. (a) If the rporate privileges of a corporation are forfeited for the failure to = report or pay a tax or penalty, each le a director or officer of the rporation is liable for each debt of the corporation that is created or curred in this state after the date on which the report, tax, or nalty is due and before the corporate privileges are revived. The ability includes liability for any tax or penalty imposed by this apter on the corporation that becomes due and payable after the date of e forfeiture. (b) The liability of a director or officer is in the same manner d to the same ee Meenas) le the Cine crOn Ol. On Cem: Were a pantnem. and e corporation were a partnership. {c} A director or officer is not liable for a debt of the yporation if the director or officer shows that the debt was created or curred: {1} over the directer’s objection; or (2) without the director's knowledge and that the exercise of asonable diligence to become acquainted with the affairs of the rporation wou 1 ad not have revealed the intention to create the debt. (d)} if corporation's charter or certificate of authority and its rporate privileges are forfeited and revived under this chapter, the ability under this section of a director or officer of the corporation not affected by the revival of the charter or certificate and the (1) OO nnn — iT SE T—OOCSC—COCONNN days after the date notice of forfeiture is mailed, a report required this chapter; (2) does not pay, within 45 days after the date notice of rfeiture is mailed, a tax imposed by this chapter or dees not pay, thin those 45 days, a penalty imposed by this chapter relating to that Re or (3) does not permit the comptroller to examine under Section 1.211 of this code the corporation's records. ts 1981, 67th Leg., p. 1703, ch. 383, Sec. 1 eff. Jan. 1 1982. ended by Acts 1984, 68th Leg.; 2nd C.S., ch. 10, art. oF Sec. 5 eff. pt. 1, 1984; Acts 1989, Tist Leg., ch. 584, Sec. 110, eff. Sept. Ly 89; Acts 1991, 72nd Leg., lst C.S., ch. 5, Sec, 8.13, eff. Jan, 1, 92; Acts 1993, 73rd Leg., ch 546, Sec, 10, eff. Jan, i, 1994, Sec. 171.2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT SINESS IN THIS STATE. (a) The comptroller may, for the same reasons dad using the same procedures the comptroller uses in relation to the rfeiture of the corporate privileges of a corporation, forfeit the ght of taxable entity to transact business in this state. a (b) The provisions of this subchapter, including Section 171.255, iat apply to the forfeiture of corporate privileges apply to the of a taxable entity's right to transact business in this irfeiture -ate. c sS ided by Acts 2006, 79th Leg., 3rd Cc Z Ch. 1 CH Be 3), Sec. or eff. ainuary 1, 2008. 4 Sec. 171.252. EFFECTS OF FORFEITURE. If the corporate ertviieges \ corporation are forfeited under this subchapter: =z a \ the corporation shall be denied the right to sue or defend (1) court (2) of this each state; director and or officer of fhe om corporatl as iable ton a ) as provided by Section il s299 om chic) coder ebt of the cor poration 1 1704, ch. 389, Sec. i, eff. Jan. aa 1982. cts 1981, 67th Leg-, Pp. Sec. ee Zo SUIT ON CAUSE OF ACTION ARISING BEFORE FORFEITURE, @ suit against a corporation on a cause of action arising before the cfeiture of the corporate privileges of the corporation, affirmative lief may not be granted to the corporation unless its corporate ivileges are revived under this chapter. ts 1981, 67th Leg., 1704, p. ch, 389, Seer 1, eff. Jan. _ 1982. Sec. 171,254. EXCEPTION TO FORFEITURE. The forfeiture of the rporate privileges of a corporation does not apply to the pr ivilege to i i in nT TS —=———O certificate of thority. ts 1981, 67th Leg., Pp 1704, ch. 38S, Sec. 1, eff. Jan. 4 a) 1982. Sec. 171.255 LIABILITY OF DIRECTOR AND OFFICERS, {a) If the xcporate privileges of a corporation are forfeited for the failure to Nera) Gepout. Ol: Day, a. tex Om Denaluy, each director or officer of the rporation is liable for each debt of the corporation that is created or curred in this state after the date on which the report, tax, or nalty is due and before the corporate privileges are revived. The ability includes liability for any tax or penalty imposed by this iapter on the corporation that becomes due and payable after the date of 1e forfeiture. (b) The liability of a director or officer is in the same manner id to the same extent as if the director or officer were a partner and 1@ corporation were a partnership. (c) A director or officer is not liable for a debt of the yyporation if the director or officer shows that the debt was created or curred: QQ) over the director's objection; or (2) without the director's knowledge and that the exercise of asonable diligence to become acquainted with the affairs of the rporation would not have revealed the intention to create the debt. (d) If a corporation's charter or certificate of authority and its roe leges are forfeited and revived under this chapter, the rporate p Livi +t. SeCelon Ob a Ol geebom Om orice: or Che Cconponation ability under not affected by the revival of the charter or certificate and the Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 53473177 Status as of 5/18/2021 9:01 AM CST Associated Case Party: TIMOTHYG.PLETTA Name BarNumber | Email TimestampSubmitted | Status John Charles Sherwood 18254700 Jsherwood@sherwoodlawoffice.com | 5/14/2021 4:38:39 PM | SENT Timothy Pletta 16071800 attorneypletta@hotmail.com 5/14/2021 4:38:39 PM | SENT Associated Case Party: HERITAGE HOUSE CLOCKS, INC. Name BarNumber Email TimestampSubmitted | Status TIMOTHY R.STRANN strannlaw@aol.com | 5/14/2021 4:38:39 PM | SENT Associated Case Party: B&R WILEY FAMILY, GP., L.L.C. D/B/A SERV PRO OF MESQUITE & KAUFMAN COUNTY Name BarNumber | Email TimestampSubmitted | Status Keith W.Marshall attymarshall@sbcglobal.net | 5/14/2021 4:38:39 PM SENT Robert Ruotolo ruotolo@buschllp.com 5/14/2021 4:38:39 PM SENT N. 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Envelope ID: 53473177 Status as of 5/18/2021 9:01 AM CST Associated Case Party: B&R WILEY FAMILY, L.P. D/B/A SERV PRO OF MESQUITE & KAUFMAN COUNTYAND CEDAR CREEK Name BarNumber | Email TimestampSubmitted | Status Jason Kerr jkerr@mayerllp.com 5/14/2021 4:38:39 PM | SENT Michael RossKepesky rkepesky@mayerllp.com | 5/14/2021 4:38:39 PM | SENT Associated Case Party: ALLSTATE INSURANCE COMPANY Name BarNumber | Email TimestampSubmitted Status Roger Higgins rhiggins@thompsoncoe.com 5/14/2021 4:38:39 PM SENT Sallie Jenkins sjenkins@thompsoncoe.com 5/14/2021 4:38:39 PM SENT Brandt R.Johnson BRJohnson@thompsoncoe.com | 5/14/2021 4:38:39 PM SENT