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FILED

DALLAS COUNTY
3/14/2017 3:43:42 PM
FELICIA PITRE
DISTRICT CLERK

CAUSE NO. DC-15-01840

JOANN GEORGE et al., IN THE DISTRICT COURT



Plaintiffs,

v. 95th JUDICIAL DISTRICT

UPLIFT FORT WORTH CDC, et al.

Defendant. DALLAS COUNTY, TEXAS

KEVIN JEFFERSONS PETITION IN INTERVENTION

TO THE HONORABLE JUDGE OF SAID COURT:

Kevin Jefferson (Jefferson or Intervenor) files this Petition in Intervention in the

above-styled and titled cause, pursuant to Texas Rule of Civil Procedure 60, and would

respectfully show the Court the following:

I. PRELIMINARY STATEMENT

Intervenor filed suit against Defendant Uplift Fort Worth CDC (Defendant), on

December 31, 2014 seeking recovery of damages from Defendant for breach of contract and

assault. Defendant was properly served with a copy of the lawsuit, yet failed to answer. As a

result, the Court issued a Default Judgment in the amount of $234,213.77 with post-judgment

interest thereon at the rate of 5 percent per annum from the date of the Judgment, April 27, 2015.

II. DISCOVERY CONTROL PLAN

In accordance with Rule 190.4 of the Texas Rules of Civil Procedure, Intervenor seeks

damages more than $50,000.00 and therefore intends that a Level 2 Discovery Control Plan

govern this action.

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 1


III. PARTIES

Intervenor Kevin Jefferson is an individual who resides in Dallas, Texas. Intervenors

Texas Drivers License number is XXXXX492 and his Social Security Number is XXX-XX-

X958.

Defendant-in-Intervention, Uplift Fort Worth CDC is a Domestic Nonprofit Corporation

organized and existing under the laws of the State of Texas with its principal place of business

located at 4000 E. Berry Street, Fort Worth, Texas 76105-4952. Uplift has appeared in this

matter and service of process is not necessary at this time.

Defendant-in-Intervention, JoAnn George, is an Individual who resides in Ellis County.

Defendant-in-Intervention has appeared in this matter and service of process is not necessary at

this time.

Defendant-in-Intervention, Ebony Phinisee, is an Individual who resides in Tarrant

County. Defendant-in-Intervention has appeared in this matter and service of process is not

necessary at this time.

Defendant-in-Intervention, Cleveland Starr, is an Individual who resides in Tarrant

County. Defendant-in-Intervention has appeared in this matter and service of process is not

necessary at this time.

Defendant-in-Intervention, La-Shanda A. Davis, is an Individual who resides in Tarrant

County. Defendant-in-Intervention has appeared in this matter and service of process is not

necessary at this time.

Defendant-in-Intervention, Venora Bennett, is an Individual who resides in Tarrant

County. Defendant-in-Intervention has appeared in this matter and service of process is not

necessary at this time.

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 2


Defendant-in-Intervention, Kendron Robertson, is an Individual who resides in Dallas

County. Defendant-in-Intervention has appeared in this matter and service of process is not

necessary at this time.

Defendant-in-Intervention, Board of Trustees of Prime Prep Academy, a Governing

Body, has appeared in this matter and service of process is not necessary at this time.

Defendant-in-Intervention, Ronald James Price, an Individual who is a resident of Texas

with his residence located at 3120 Creek Crossing Road, Mesquite, Texas 75181. Defendant-in-

Intervention has appeared in this matter and service of process is not necessary at this time.

Defendant-in-Intervention, Reginald Wayne Calhoun, Sr., an Individual who is a

resident of Texas with his residence located at 6856 Seacoast Drive, Grand Prairie, Texas 75054.

Defendant-in-Intervention has appeared in this matter and service of process is not necessary at

this time.

IV. JURISDICTION

This court has jurisdiction over this action pursuant to Tex. Const. art. V, 8 and because

the matter in controversy exceeds the sum or value of the jurisdictional limits of the Court, exclusive

of costs and interest.

All parties to this action are residents of the State of Texas, or alternatively have engaged

in business in the State of Texas.

V. VENUE

Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE 15.002 as all or a substantial

part of the events or omissions giving rise to this claim occurred in Dallas County, Texas.

Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks monetary relief over

$200,000.00 but not more than $1,000,000.00.

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 3


VI. FACTS

Kevin Jefferson is a resident of Dallas County. Uplift Fort Worth CDC is a non-profit

corporation that operates Prime Prep Academy School District, a charter school with campuses in

Fort Worth and Dallas. He was hired by Defendant to serve as the Chief Financial Officer of Prime

Prep Academy, and worked at its facility located in Dallas County.

On August 1, 2013, Jefferson and Uplift entered into a written employment contract. The

contract was signed by Jefferson and by Rachel King-Sanders on behalf of Prime Prep Academy

School District. Uplift Fort Worth CDC holds the charter for Prime Prep Academy, and the board

members of Uplift Fort Worth CDC run and manage Prime Prep Academy.

In October 2013, Jefferson was assaulted during a staff meeting at Uplifts facility. As a

result of this assault, filed suit of December 31, 2014, which resulted in a Judgment, a true and

correct copy of which is attached as Exhibit A. Uplift has failed to render payment for the amounts

due and owing under this judgment.

Jefferson has filed an application for writ of garnishment in the 116th Judicial District Court

wherein Comerica Bank is the garnishee. A true and correct copy of the application is attached

hereto as Exhibit B. The 116th Judicial District Court is the Court that issued the underlying

judgment against Uplift, and as a result is the proper court to consider the garnishment action. King

& King v. Porter, 252 S.W. 1022 (Tex. 1923).

By their recent motion, the parties to this action seek to transfer funds the subject of the

garnishment. As such, Jefferson is forced to intervene in this cause to ensure this Court is provided

notice that the funds the subject of the recent motion are at issue in the garnishment action

proceeding in the 116th Judicial District Court. Jefferson, a valid judgment holder against Uplift,

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 4


which has not been satisfied, hereby seeks a declaration that the funds the subject of the garnishment

not be transferred to the plaintiffs in this matter, who hold no valid judgment against Uplift.

VII. CAUSE OF ACTION

COUNT ONE: DECLARATORY JUDGMENT

Kevin Jefferson hereby incorporates and realleges the matters set forth in the preceding

paragraphs as if set forth at length.

There is a genuine claim or controversy regarding to whom the funds held by Comerica

Bank should be paid. Jefferson seeks the funds because he has a valid, subsisting judgment, and

has filed a garnishment proceeding to have the funds turned over. Plaintiffs in this suit seek to

have the funds paid despite the lack of a valid judgment.

Therefore, in accordance with the Texas Declaratory Judgment Act, Chapter 37, of the

Texas Civil Practice and Remedies Code, Plaintiff seeks declaratory relief and respectfully

requests that the Court enter an order declaring that Plaintiffs shall not obtain the funds the

subject of the garnishment action, which must be used in satisfaction of the valid, subsisting

judgment held by Jefferson.

Accordingly, under, among other things, the Texas Declaratory Judgment Act, Chapter

37, of the Texas Civil Practice and Remedies Code, Jefferson seeks the above referenced

declaration along with its reasonable and necessary attorneys fees in connection with bringing

this action for declaratory relief.

VIII. ATTORNEYS FEES AND COSTS OF COURT

Jefferson hereby incorporates and realleges the matters set forth in the preceding

paragraphs as if set forth at length.

Jefferson has retained the firm of POWERS TAYLOR LLP to represent it in this action and

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 5


has agreed to pay the firm reasonable and necessary attorneys fees.

Under 38.001 of the Texas Civil Practice & Remedies Code, Jefferson seeks recovery of

its reasonable attorneys fees and costs in pursuing this action.

IX. PRAYER FOR RELIEF

Considering the premises, Kevin Jefferson prays that Defendant Uplift Fort Worth CDC

be cited to appear and answer herein, and that upon final trial, he obtains the following relief:

(i) The declaration pled for in this matter;

(ii) costs of court;

(iii) attorneys fees; and

(iv) such other relief, special or general, at law or in equity, to which Jefferson may be
justly entitled.

Respectfully submitted,

By: Peyton Healey


Mark L. Taylor
State Bar No. 00792244
mark@powerstaylor.com
Peyton Healey
State Bar No. 24035918
peyton@powerstaylor.com
Meredith Mathews
State Bar No. 24055180
meredith@powerstaylor.com

POWERS TAYLOR LLP


Campbell Centre II
8150 North Central Expressway
Suite 1575
Dallas, TX 75206
214.239.8900
214.239.8901 fax

COUNSEL FOR INTERVENOR


KEVIN JEFFERSON

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 6


CERTIFICATE OF SERVICE

The undersigned hereby certified that on this 14th day of March, 2017 a copy of the

foregoing pleading was served on all counsel of record via the Courts electronic filing system.

/s/ Peyton Healey


Peyton Healey

KEVIN JEFFERSONS PETITION IN INTERVENTION PAGE 7


EXHIBIT A
Jftf!F HJ028:2

CAUSE NO DC-14-15052

KEVIN JEFFERSON, IN THE DISTRICT COURT



Plamhff,

V OF DALLAS COUNTY, TEXAS

UPLIFT FORT WORTH CDC,

Defendant. 116 th JUDICIAL DISTRICT

DEFAULT JUDGMENT

On this day came on to be heard the above-entitled and numbered cause wherein Kevin

Jefferson, is Plaintiff and Uplift Fort Worth is Defendant. The Defendant, although having been

duly and legally cited failed to answer and is now in default.

Citation was served according to law and returned to the clerk where it remained on file

for the time required by law. The Court has read the pleadings. and the papers on file, and is of

the opinion that the allegations of Plaintiff's Petition have been admitted and that the cause of

action is liquidated and proven by an instrument in writing, and find that Defendant is indebted

to Plaintiff in the sum of $230,666 32, and should recover a reasonable attorneys' fee which the

Court finds to be $2,893 00 along with expenses in the amount of $654 45.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Kevin

Jefferson, Plaintiff, have and recover of and from Defendant Uplift Fort Worth CDC the sum of

$234,213.77 with post-judgment interest thereon at the rate of 5 percent per annum from the date

of this judgment until paid, together with costs of court in this behalf expended.

Plaintiff is allowed such writs and processes as may be necessary in the enforcement and

collection of this judgment.

DEFAULT JUDGMENT PAGEi


r) -fh .~
DATED this _dj day of--1-/1........
w..~_._C-=--t
_,_\
_________ , 2015

DEFAULT JUDGMENT PAGE2


EXHIBIT B

CAUSE NO. _______________

KEVIN JEFFERSON, IN THE DISTRICT COURT



Plaintiff,

v. ______ JUDICIAL DISTRICT

COMERICA BANK

Garnishee. DALLAS COUNTY, TEXAS

APPLICATION FOR WRIT OF GARNISHMENT

Plaintiff Kevin Jefferson (Jefferson or Plaintiff), who has a valid, subsisting judgment

against Uplift Fort Worth CDC d/b/a Prime Prep Academy (Defendant), files this application

for writ of garnishment against Garnishee Comerica Bank (Garnishee), seeking recovery of

property of the Defendant in the hands of Garnishee, as follows:

I. PARTIES

1. Plaintiff in garnishment is Kevin Jefferson, an individual residing in Dallas, Texas.

Jefferson makes this Application for Writ of Garnishment after Judgment.

2. Garnishee is Comerica Bank, which may be served with citation by serving its

registered agent for service of process, Corporate Creations Network, Inc. located at 2425 W Loop

South #200, Houston, Texas 77027.

II. VENUE AND JURISDICTION

3. Venue and Jurisdiction are proper in this Court because this application is an

ancillary proceeding to the underlying lawsuit. See King & King v. Porter, 252 S.W. 1022 (Tex.

1923).

APPLICATION FOR WRIT OF GARNISHMENT PAGE 1


III. FACTS

4. Plaintiff has a valid, subsisting, and final judgment against Defendant Uplift Fort

Worth CDC. This judgment was entered by the Dallas County District Court, 116th Judicial

District, on or about April 27, 2015. A true and correct copy of this judgment is attached hereto

as Exhibit A.1 and is incorporated by reference herein.

5. Defendants last known address is 2301 North Collins, Suite 238, Arlington, Texas

76011. Although a non-party to this action, Defendant shall be served with a notice along with a

copy of the writ of garnishment, the application, and accompanying affidavits, and the orders of

the Court as soon as practicable after service of the writ on the garnishee by serving Defendant

personally at its address, 2301 North Collins, Suite 238, Arlington, Texas 76011.

6. Within Plaintiffs knowledge, Defendant does not possess property in Texas subject

to execution sufficient to satisfy the judgment. CBS local news has reported that the Texas

Education Agency said the school [Defendant, herein] doesnt have the money to continue one

more day, and that the financial resources simply arent there. A true and correct copy of the

CBS news report is attached hereto as Exhibit A.2.

7. This garnishment is not sought to injure Defendant or Garnishee.

8. Plaintiff is entitled to the issuance of a writ of garnishment on the grounds stated in

the attached declaration. The declaration is attached as Exhibit A to this application and is

incorporated by reference herein.

IV. REQUEST FOR RELIEF

9. Plaintiff prays that

a. A writ of garnishment be issued directed to Garnishee;

APPLICATION FOR WRIT OF GARNISHMENT PAGE 2


b. Plaintiff be granted judgment against Garnishee for the amount now due on
Plaintiffs judgment already rendered against Defendant in the amount of
$234,213.77, plus post-judgment interest as set forth in the Judgment;

c. Plaintiff be granted additional attorneys fees and costs incurred in this garnishment
action; and

d. Plaintiff be granted all further relief to which Plaintiff may be entitled.

Respectfully submitted:

/s/ Peyton J. Healey


Peyton J. Healey
State Bar No. 24035918
peyton@powerstaylor.com

POWERS TAYLOR LLP


Campbell Centre II
8150 North Central Expressway, Suite 1575
Dallas, Texas 75206
Tel. 214.239.8900
Fax. 214.239.8901

APPLICATION FOR WRIT OF GARNISHMENT PAGE 3


EXHIBIT A
DECLARATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT

My name is Kevin Jefferson, and I am a Plaintiff in this cause. I have personal knowledge
of the facts stated in this declaration, and they are true and correct.

I own a judgment against Uplift Fort Worth CDC d/b/a Prime Prep Academy (Uplift),
which was rendered on April 27, 2015 by the Dallas County District Court, 116th Judicial District.
The judgment is valid, final and subsisting, and a supersedeas bond has not been approved and
filed to suspend execution of the judgment, the amount now due and unpaid on the judgment is
$256,255.53, which includes the judgment amount of $234,213.77 and post-judgment interest of
$22,041.76, accruing from April 27, 2015 at the judgment rate of 5% per annum. A true and correct
copy of this judgment is attached hereto as Exhibit A.1.

Within my knowledge, Uplift does not possess property in Texas subject to execution
sufficient to satisfy the judgment. CBS local news has reported that the Texas Education Agency
said the school [Defendant, herein] doesnt have the money to continue one more day, and that
the financial resources simply arent there. A true and correct copy of the CBS news report is
attached hereto as Exhibit A.2.

This garnishment is not sought to injure Uplift or Garnishee.

I have reason to believe and do believe that Garnishee has property belonging to Plaintiff
or is indebted to Plaintiff. On information and belief, Uplift has two valid bank accounts at
Comerica Bank located at 4400 Panola Avenue, Fort Worth Texas 76103, including one such
account with account number 1881707309 and routing number 111000753.

Further declarant sayeth not.

Kevin Lee Jefferson


My name is __________________,
my date of birth is____________,
September 20, 1974and my address is
_______________________________________
6115 Lake Placid Dr, Dallas, Texas 75232

I declare under penalty of perjury that the foregoing is true and correct.
Dallas County on ___
Executed in ___________ 14th day of ______,
March 2017.
_____________________
Declarant

DECLARATION OF KEVIN JEFFERSON SOLO PAGE


EXHIBIT A.1
Jftf!F HJ028:2

CAUSE NO DC-14-15052

KEVIN JEFFERSON, IN THE DISTRICT COURT



Plamhff,

V OF DALLAS COUNTY, TEXAS

UPLIFT FORT WORTH CDC,

Defendant. 116 th JUDICIAL DISTRICT

DEFAULT JUDGMENT

On this day came on to be heard the above-entitled and numbered cause wherein Kevin

Jefferson, is Plaintiff and Uplift Fort Worth is Defendant. The Defendant, although having been

duly and legally cited failed to answer and is now in default.

Citation was served according to law and returned to the clerk where it remained on file

for the time required by law. The Court has read the pleadings. and the papers on file, and is of

the opinion that the allegations of Plaintiff's Petition have been admitted and that the cause of

action is liquidated and proven by an instrument in writing, and find that Defendant is indebted

to Plaintiff in the sum of $230,666 32, and should recover a reasonable attorneys' fee which the

Court finds to be $2,893 00 along with expenses in the amount of $654 45.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Kevin

Jefferson, Plaintiff, have and recover of and from Defendant Uplift Fort Worth CDC the sum of

$234,213.77 with post-judgment interest thereon at the rate of 5 percent per annum from the date

of this judgment until paid, together with costs of court in this behalf expended.

Plaintiff is allowed such writs and processes as may be necessary in the enforcement and

collection of this judgment.

DEFAULT JUDGMENT PAGEi


r) -fh .~
DATED this _dj day of--1-/1........
w..~_._C-=--t
_,_\
_________ , 2015

DEFAULT JUDGMENT PAGE2


EXHIBIT A.2
3/13/2017 Prime Prep, Charter School Started By Deion Sanders Closed CBS Dallas / Fort Worth

DFW SIGN UP FOR NEWSLETTERS Log In Register Search

67

HOME NEWS SPORTS WEATHER TRAFFIC VIDEO AUDIO E.S.P. CONTESTS MORE

CBS 11 NEWS @ 4 & 5: Click Here To Watch The Newscast Live From 4:00 PM To 5:30 PM

PrimePrep,CharterSchoolStartedByDeionSandersClosed
January30,20159:43PM

FiledUnder:CBS11News,CBSDFW.com,Education,Local,News,PrimePrepAcademy

LISTENLIVE

(credit:KTVT/KTXA)
FOLLOWUSON
FollowCBSDFW.COM:Facebook|Twitter

FORTWORTH(CBSDFW.COM)PrimePrepAcademy,thecharter
school cofoundedbyDeionSanders,closedtoday.TheTexas
SignUpforNewsletters
EducationAgencysaidtheschooldoesnthavethemoneytocontinue
onemoreday.Theannouncementhasleftfamiliesscramblingtofigure
outwheretheirchildrenaregoingtogotoschool.

Whiletherewashopethischartercouldsurvivethroughtheendofthe
school year,thefinancialresourcessimplyarentthere,thestates
educationcommissionersaidinastatement.

ThecommissionerlashedintoPrimePrepspreviousleadershipFriday.
Hesaidtheupheavalcouldhavebeenavoidedifschool leaders
acknowledgedtheirfinancialproblemsearlierandworkedtowarda
transitionthatputstudentsfirst.Studentsliketheschoolsstar
quarterbackMichealCurtis,wholeftearlyFridaywhenherealizeditwas
hislastdayattheschool.

http://dfw.cbslocal.com/2015/01/30/prime-prep-charter-school-started-by-deion-sanders-closed/ 1/4
3/13/2017 Prime Prep, Charter School Started By Deion Sanders Closed CBS Dallas / Fort Worth

Itwasntthattodaywewerecaughtoffguardoranything,buttodays
kindofthelastdayyoucanseeeverybodysoitmakesitmorehardthan
itwouldanyotherday,saidCurtis.

ItwasntonlyanemotionaldayforCurtis,butformoststudentswhosaid
theschoolwaslikeasecondhomeforthem.

Everybodystartingbangingonthewalls,yellingRIPPrimePrep,said
PrimePrepStudent,EbonyWilliams.

TexasEducationAgencyrepresentativeswereoncampus,warning
studentstotakealltheirpersonalbelongings.

Icamebackuptosaymygoodbyes,paymydues,saidPrimePrep
studentMichaelCurtis.

TEArepresentativegavestudentsaletterwithalistofcharterswithina
10mileradiuswheretheycanenroll.ButmanystudentssaidPrimePrep
offeredthemsomethingtheyarentsuretheyllfindelsewhere.

Youfeelyourecaredfor.Yourenotjustanotherdemographicora
statistic,youreanactualstudent,saidCurtis.

(2015CBSLocalMedia,adivisionofCBSRadioInc.AllRights
Reserved.Thismaterialmaynotbepublished,broadcast,rewritten,or
redistributed.)

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