Motion,Ex Parte: GUEST, LESLIE RENE vs. MARBURGER, CARL RAY

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                                CAUSE NO. 2016-49657

LESLIE RENE GUEST and § INTHE CIVIL DISTRICT COURT
WALTER J. PARKER §

§

§
vs. §

§ OFHARRIS COUNTY, TEXAS
CARL R. MARBURGER, CARL RAY §
MARBURGER TRUST, VIC MARBURGER §
and GREGORY GLEN MARBURGER §  190™ JUDICIAL DISTRICT

 

PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

 

TO THE HONORABLE JUDGE OF SAID COURT:

LESLIE RENE GUEST and WALTER J. PARKER, Plaintiffs in the above captioned
and numbered cause, files this Motion for Partial Summary Judgment, and as reason therefore
would show unto the Court the following:

1. Plaintiffs are the legal owner of a one-third or a one-half interest in a tract of land
described as Lot One (1), Block Twelve (12) of the Forest Cove Subdivision Section 3 U/R, in
Harris County, Texas, according to the map or plat thereof recorded in the Real Property Records
of Harris County, Texas and more commonly referred to as 1302 Forest Cove Drive, Houston,
Texas. Plaintiffs have paid ad valorem taxes, insurance and maintenance on this property since
the date of ownership through the present. Plaintiffs are entitled to contribution of one-half or
two-thirds of these taxes from the Defendants, jointly and severally. Plaintiff prays for
contribution for these sums, for interest and reimbursement of attorney’s fees.

2. Plaintiffs seek judgment against the Defendants to partition/sell the property at
issue. Plaintiffs and Defendants are owners as joint tenants of the real property described above.

Pursuant to Section 23.001 et seq. of the Texas Property Code, Plaintiff seeks a partition/sale ofthe real property described above among Plaintiffs and Defendants in accordance with their
respective interests. Plaintiffs are informed and believe, and on that basis alleges, that the value
of the real property jointly owned by Plaintiffs and Defendants is $240,000.00. Plaintiffs own at
least 33.33% -50% interest in the real property described above. Plaintiffs are informed and
believe, and on that basis alleges, that Plaintiffs and Defendants are the only owners of interests
in the real property described above, and that the tract sought to be partitioned/sold is subject to
no other claim.

3. Plaintiffs claim that Defendants have prevented Plaintiffs from entering the
property. One of results of preventing Plaintiffs from entering the property is that it has allowed
Defendants to wrongfully take possession of Plaintiffs’ personal property located within the
subject property and sell, transfer, destroy and/or give away Plaintiffs’ possessions. Plaintiffs’
claim that Defendants have caused damage to Plaintiffs in an amount within the jurisdictional
limits of this Court.

4. Plaintiffs have fully or substantially performed all acts necessary to perfect and
establish all claims and causes of action asserted in this lawsuit. All conditions precedent to
Plaintiffs’ right to recover on any of the claims and causes of action asserted in this lawsuit have
been discharged, satisfied or fully performed.

5. Plaintiffs have made written demand upon Defendants for payment of said
damages. The amounts owed remains unpaid. Plaintiffs have been required to retain the
undersigned attorney to file suit, has agreed to pay him reasonable attorney’s fees for services
rendered and to be rendered herein, pursuant to Chapter 38 of the Texas Civil Practice and

Remedies Code.WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that on hearing of this
Motion, Judgment be entered against Defendant, GREGORY GLEN MARBURGER for

liability only until such time as Plaintiff presents evidence of its damages.
Respectfully submitted,

ALAN R. SCHEINTHAL
ATTORNEY AT LAW

TBC # 17736640

4635 Southwest Freeway, Suite 720
Houston, Texas 77027

Telephone (713) 871-8040
Telecopier (713) 871-8642
ascheinthal@ScheinthalLawFirm.com

ATTORNEY FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I certify that a true copy of this Motion for Partial Summary Judgment was served on
Defendant, GREGORY GLEN MARBURGER, 1302 Forest Cove Drive, Kingwood, Texas
77339, via certified mail, return receipt requested and first class mail on the {34 day of
October, 2016.

ALAN R. SCHEINTHAL