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June 6, 2012: CERTIFICATE OF SERVICE A true copy of the foregoing Response was served on the following persons on Counsel for Relators Kathryn L. Shilling 545 E. John Carpenter Freeway, Suite 300 Irving, Texas 75062 Via email, electronic service, and Federal Express Counsel for the Collin County District Clerk Robert J. Davis Matthews, Stein, Shields, Pearce, Knott, Eden & Davis, LLP 8131 LBJ Freeway, Suite 700 Dallas, Texas 75251 Via email and Federal Express Counsel for Bank of America Evan Moeller Hirsch, Westheimer, P.C. 700 Louisiana Street, Suite 2550 Houston, Texas 77002 Via email and Federal Express /s/ Brian P. Shaw Brian P. Shaw 13
NO. 12-0454 IN THE SUPREME COURT OF TEXAS IN RE ROBERT L. AND JULIA T. McCULLOUGH Original Proceeding from the 416 th District Court, Collin County, Texas and from the Fifth Court of Appeals, Dallas, Texas Trial Cause No. 416-02008-2009 Appellate Court Cause No. 05-11-01303-CV AFFIDAVIT OF BRIAN P. SHAW On this day, Brian P. Shaw appeared before me, the undersigned notary public, and after I administered an oath to him, upon his oath, he said: 1. My name is Brian P. Shaw. I am over the age of 18. I am an associate with the law firm of Shackelford, Melton & McKinley, LLP. Together with Leland C. de la Garza, I represent Real Parties in Interest Scarbrough Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. (collectively “SMA”) in the above-referenced cause. I have personal knowledge of the facts contained herein and they are true and correct. 2. This Affidavit is attached to SMA’s Response to Amended Emergency Motion for Temporary Relief (“SMA’s Response”). I have read the facts alleged therein and, based upon my own personal knowledge, those facts are true and correct and I hereby verify them. 3. Attached hereto are the following exhibits discussed in SMA’s Response: AFFIDAVIT OF BRIAN P. SHAW – PAGE 1
Page 1 and 2: NO. 12-0454 IN THE SUPREME COURT OF
Page 3 and 4: SMA contested the McCullough’s cl
Page 5 and 6: III. ARGUMENT & AUTHORITIES The McC
Page 7 and 8: and, as a result, the judgment is n
Page 9 and 10: On June 6, 2012, the McCulloughs fi
Page 11 and 12: including the testimony of Robert M
Page 13: effectively supersede the judgment
Page 17 and 18: SWORN TO AND SUBSCRIBED before me o
Page 19 and 20: Order issued Febrwu'y 7 , 2012 lJii
Page 21 and 22: Thompson, Dishict Clerk of Collin C
Page 23 and 24: 2. On August 25, 2011, Plaintiffs f
Page 25 and 26: the circumstances existing at the t
Page 27 and 28: "'all" McCulIoughs have additional
Page 29 and 30: $90,000.00 of their assets to third
Page 31 and 32: No. 05-11-01303-CV IN THE COURT OF
Page 33 and 34: amounts for future income taxes, $3
Page 35 and 36: S.W.2d 629, 635 (Tex. 1986) (citing
Page 37 and 38: (i) Anderton compels exclusion of t
Page 39 and 40: has not done so. 19 And, the McCull
Page 41 and 42: have been counted as a liability fo
Page 43 and 44: liability is “reasonably possible
Page 45 and 46: While Melton’s testimony provides
Page 47 and 48: unknown. 61 Shilling did not tell S
Page 49 and 50: Other than some additional depositi
Page 51 and 52: McCulloughs are appealing the entir
Page 53 and 54: the misappropriated funds. 80 Stewa
Page 55 and 56: Once the contest is resolved and th
Page 57 and 58: overwhelming weight of the evidence
Page 59 and 60: testimony. 97 The trial court also
Page 61 and 62: Second, the McCulloughs argue that
Page 63 and 64: judgment debtor. It is only substan
Page 65 and 66:
asset to pay litigation costs, they
Page 67 and 68:
personal effects and jewelry, more
Page 69 and 70:
McCulloughs to post an additional $
Page 71 and 72:
CAUSE NO. 416-02008-2009 SCARBROUGH
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However, Stewart and Robert McCullo
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6/10/11 -7/8/11 7/9/11-8/10/11 8/11
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IT IS THEREFORE ORDERED that Defend
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326 S.W.3d 725, *; 2010 Tex. App. L
Page 83 and 84:
MR. AND MRS. ROBERT MCCULLOUGH FINA
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ACCOUNTANTS' COMPILATION REPORT Mr.
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NOTE A - BASIS OF ACCOUNTING MR.AND
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Docket Sheet for: 05-11-01303-CV of
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Docket Sheet for: 05-11-01303-CV of
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Search http://apps.collincountytx.g
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