Page 1 of 8 Appellate Docket Number: 05-12-01431-CV Appellate Case Style: Kenneth Crumbley and Sedona Oil & Gas Corp Vs. Francis Philip Sears Companion Case No.: 

### DOCKETING STATEMENT (Civil) (to be filed in the court of appeals upon perfection of appeal under TRAP 32) Amended/corrected statement: Appellate Court:5th Court of Appeals I. Appellant

Address 2: Address 1: 3500 Maple Ave., Suite 900 II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Crumbley Middle Name: First Name: Kenneth Law Firm Name:Rose Walker, L.L.P. Suffix: Last Name: Cole Middle Name: Holt First Name: Tammy Lead Attorney

City: Dallas Zip+4: 75219 State: Texas Telephone: 214-752-8600 ext. Fax: 214-752-8700 Email: tcole@rosewalker.com SBN: 00796771 Person Organization (choose one)

I. Appellant

Address 2: Address 1: 3500 Maple Ave., Suite 900 II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Organization Name: Sedona Oil & Gas Corp.
Law Firm Name:Rose Walker, L.L.P. Suffix: Last Name: Sanfelippo Middle Name: D. First Name: Steven Lead Attorney Person Organization (choose one) ACCEPTED 225EFJ017164012 FIFTH COURT OF APPEALS DALLAS, TEXAS 12 November 2 P2:36 Lisa Matz CLERKPage 2 of 8 City: Dallas Zip+4: 75219 State: Texas Telephone: 214-752-8600 ext. Fax: 214-752-8700 Email: ssanfelippo@rosewalker.com SBN: 24027827

State: Texas Zip+4: 75001 ext. Telephone: 972-364-9700 Fax: 972-239-2244 Email: mark@crb-law.com SBN: 01007500 Lead Attorney First Name: Mark Middle Name: A. Last Name: Alexander Suffix: Law Firm Name: Mark A. Alexander, P.C. Address 1: 5080 Spectrum Drive, Suite 850E Address 2: City: Addison Person Organization (choose one)

Pro Se: Suffix: Last Name: Sears Middle Name: Philip First Name: Francis III. Appellee IV. Appellee Attorney(s)Page 3 of 8 Yes No No Yes No Yes No Yes No

Yes No Yes Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Appeal from final judgment: Judgment or order disposes of all parties and issues: Yes No Yes No No Yes Does this case involve an amount under $100,000?
Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: Yes No No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): Parental Termination or Child Protection? (See TRAP 28.4): If yes, please specify statutory or other basis on which appeal is accelerated: Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Interlocutory appeal of appealable order: If mailed to the trial court clerk, also give the date mailed: Date notice of appeal filed in trial court: October 22, 2012 Date order or judgment signed: Jul y26, 2012 Nature of Case (Subject matter or type of case): Contract Type of judgment: Bench Trial

If yes, please specify statutory or other basis for such status: No ■ Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: August 24, 2012 Motion for New Trial: If yes, date filed: If yes, date filed: Request for Findings of Fact and Conclusions of Law: Motion to Reinstate: If yes, date filed: If yes, date filed: Motion under TRCP 306a: Other: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: Contest filed in trial court: Ruling on contest: If yes, date filed: Yes No No Yes If yes, date filed: Date ruling on contest due: Sustained Overruled Date of ruling:Page 4 of 8 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record Court: 193rd Judicial District

Suffix: Last Name: Ginsberg Middle Name: First Name: Carl Trial Judge (who tried or disposed of case): Trial Court Docket Number (Cause No.): DC-12-07787 County: Dallas County Clerk's Record:

Address 1: 600 Commerce Street Address 2 : Box 822 City: Dallas

Email: Fax: ext. Telephone: 214-653-6998 Zip + 4: 75202 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes Indigent If no, date it will be requested: If yes, date requested: October 25, 2012 Trial Court Clerk: District County Was clerk's record requested? Yes No

Reporter's or Recorder's Record:
If yes, date requested: If no, date it will be requested: N ovember 12, 2012 Was there a reporter's record electronically recorded? Was reporter's record requested?

No Yes Indigent No Yes No Yes No Yes Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?Page 5 of 8 Email: Fax: Telephone: 214-653-7178 ext. State: Texas Zip + 4: 75202 City: Dallas Address 2: Box 822 Address 1: 600 Commerce Street Suffix: Last Name: Moses Middle Name: First Name: Stephanie Substitute Official Court Recorder Court Reporter

X. Supersedeas Bond Supersedeas bond filed: Will file: If yes, date filed: Yes No Yes No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? If yes, briefly state the basis for your request: Yes No XI. Extraordinary Relief

Should this appeal be referred to mediation? If no, please specify: Has the case been through an ADR procedure? If yes, who was the mediator? Sid Stahl What type of ADR procedure? Mediation At what stage did the case go through ADR? If other, please specify: Type of case? Contract Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if kno wn (without prejudice to the right to raise additional issues or request additional relief): Default judgment on substituted service in violation of Craddock factors. How was the case disposed of? Trial Summary of relief granted, including amount of money judgment, and if any, damages awarded. Default judgment in favor of Plainti ff. Actual damages: $849,147.48 Punitive (or similar) damages: If money judgment, what was the amount? Yes No
Pre-Trial Post-Trial Other XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th , 12th, 13th, or 14th Court of Appeal) Yes NoPage 6 of 8 Attorney's fees (trial): $2,602.80 Attorney's fees (appellate): Other: $496.40 If other, please specify: costs of court Will you challenge this Court's jurisdiction? Does judgment have a Mother Hubbard clause? Does judgment have language that one or more parties "take nothing"? Other basis for finality? 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): Please make my answer to the preceding questions known to other parties in this case. Can the parties agree on an appellate mediator?

Name of person filing out mediation section of docketing statement: Tammy Holt Cole Languages other than English in which the mediator should be proficient: N one Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes Yes No

XIII. Related Matters

Vs. Style: Docket Number: Trial Court: List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 7 of 8 XIV. Pro Bono Program: (Complete section if filing in the 1st, 2nd, 3rd, 5th, 13th or 14th Courts of Appeals) The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local B ar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court. The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upo n a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, an d can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. M ore information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the In ternet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Com mittee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available fact s and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volu nteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committe e may have regarding the appeal? Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program. If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml . Are you willing to disclose your financial circumstances to the Pro Bono Committee? If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be foundin the Clerk's Office or on the internet at http://www.tex-app.org . Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances. Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if kno wn (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

XV. Signature Signature of counsel (or pro se party) Date: N ovember 2, 2012 Yes No Yes No Yes No Yes No

Electronic Signature: /s/ Tammy Holt Cole (Optional) Printed Name: Tammy Holt Cole State Bar No.: 00796771Page 8 of 8 XVI. Certificate of Service The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties t o the trial court's order or judgment as follows on .

Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service a nd must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney N ovember 2, 2012

State Bar No.: 00796771 Signature of counsel (or pro se party) Electronic Signature: /s/ Tammy Holt Cole (Optional)

If Attorney, Representing Party's Name: Francis Philip Sears Email: mark@crb-law.com Zip+4: 75001 State Texas City: Addison Address 2: Address 1: 5080 Spectrum Drive, Suite 850E Law Firm Name: Mark A. Alexander, P.C. Suffix: Last Name: Alexander Middle Name: A. First Name: Mark Manner Served: eServed Date Served: N ovember 2, 2012 Please enter the following for each person served:

Fax: 972-239-2244 Telephone: 972-364-9700 ext.

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