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2016-49657 / Court: 190
CAUSE NO.
LESLIE RENE GUEST and § IN THE CIVIL DISTRICT COURT
WALTER J. PARKER
VS.
OF HARRIS COUNTY, TEXAS
CARL R. MARBURGER, CARL RAY
MARBURGER TRUST, VIC MARBURGER
and GREGORY GLEN MARBURGER JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION AND
REQUESTS FOR DI LOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, LESLIE RENE GUEST and WALTER J. PARKER, “Plaintiffs,” and file this
their Original Petition and Requests for Disclosure complaining of CARL RAY MARBURGER,
VIC MARBURGER and GREGORY GLEN MARBURGER, “Defendants,” and would respectfully
show unto the Court as follows:
A. Discovery Control Plan
1 Plaintiff intends to conduct discovery under Level 2 of Texas Rules of Civil
Procedure.
B. Parties
2. Plaintiff LESLIE RENE GUEST, is an individual residing in the state of Texas, and
in the County of Harris.
3 Plaintiff WALTER J. PARKER, is an individual residing in the state of Texas, and
in the County of Harris.
4 Defendant, CARL R. MARBURGER is an individual with an ownership interest in
real property in Harris County Texas and may be served with process at 1302 Forest Cove Drive,
Houston, Texas 77339.
5 Defendant, CARLRAY MARBURGER TRUST isa trust with an ownership interest
in real property in Harris County Texas and may be served with process by serving Carl R.
Marburger at 1302 Forest Cove Drive, Houston, Texas 77339.
6 Defendant, VIC MARBURGER is an individual. No service of process is requested
at this time.
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Defendant, GREGORY GLEN MARBURGER is an individual residing in Harris
County Texas and may be served with process at 1302 Forest Cove Drive, Houston, Texas 77339.
C. Venue & Jurisdiction
8 Venue is proper in Harris County, Texas because the real property at issue in this
lawsuit is situated in Harris County, Texas; and Harris County, Texas is a county in which
Defendants reside. This action seeks to partition and sell real property located in Harris County,
Texas. Venue is proper in this court pursuant to §15.011 of the Texas Civil Practice and Remedies
Code. Jurisdiction is proper in Harris County, Texas since the amount in controversy is within this
Court’s jurisdictional limit.
D. Contribution
9 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
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these taxes from the Defendants, jointly and severally. Plaintiff prays for contribution for these
sums, for interest and reimbursement of attorney’s fees.
E. Suit for Partition and/or Sale
10. Plaintiffs seeks 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 of the 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.
F. Damage:
11. 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.
G. Conditions Precedent
12. 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
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been discharged, satisfied or fully performed.
H._Attorney’s Fee:
13. 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.
I. Requests for Disclosur
14, Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose,
within 50 days of the service of the request, the information or material described in Rule 194.2 (a)-
().
WHEREFORE, Plaintiffs prays that Defendants be cited to answer and appear herein and that
upon final trial hereof Plaintiffs have from Defendants, jointly and severally:
1 Partition and sale of the real property made the basis of this lawsuit.
2. Distribution of the pro rata share of the proceeds to the proper parties.
Damages.
Prejudgment and post judgment interest.
Reasonable attorney’s fees.
Cost of Court.
For such other relief both general and special, at law and in equity, to which Plaintiff
may show herself justly entitled.
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Respectfully submitted,
SCHEINTHAL & KOUTS, L.L.P.
ALAN R. SCH! HAL
State Bar No. 17736640
4635 Southwest Freeway, Suite 720
Houston, Texas 77027
(713) 871-8040
(7130 871-8642 Facsimile
ascheinthal@sk-llp.com
ATTORNEYS FOR PLAINTIFFS
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2016-49657 / Court: 190 CAUSE NO. LESLIE RENE GUEST and § IN THE CIVIL DISTRICT COURT WALTER J. PARKER VS. OF HARRIS COUNTY, TEXAS CARL R. MARBURGER, CARL RAY MARBURGER TRUST, VIC MARBURGER and GREGORY GLEN MARBURGER JUDICIAL DISTRICT PLAINTIFFS’ ORIGINAL PETITION AND REQUESTS FOR DI LOSURE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, LESLIE RENE GUEST and WALTER J. PARKER, “Plaintiffs,” and file this their Original Petition and Requests for Disclosure complaining of CARL RAY MARBURGER, VIC MARBURGER and GREGORY GLEN MARBURGER, “Defendants,” and would respectfully show unto the Court as follows: A. Discovery Control Plan 1 Plaintiff intends to conduct discovery under Level 2 of Texas Rules of Civil Procedure. B. Parties 2. Plaintiff LESLIE RENE GUEST, is an individual residing in the state of Texas, and in the County of Harris. 3 Plaintiff WALTER J. PARKER, is an individual residing in the state of Texas, and in the County of Harris. 4 Defendant, CARL R. MARBURGER is an individual with an ownership interest in real property in Harris County Texas and may be served with process at 1302 Forest Cove Drive, Houston, Texas 77339. 5 Defendant, CARLRAY MARBURGER TRUST isa trust with an ownership interest in real property in Harris County Texas and may be served with process by serving Carl R. Marburger at 1302 Forest Cove Drive, Houston, Texas 77339. 6 Defendant, VIC MARBURGER is an individual. No service of process is requested at this time. 7 Defendant, GREGORY GLEN MARBURGER is an individual residing in Harris County Texas and may be served with process at 1302 Forest Cove Drive, Houston, Texas 77339. C. Venue & Jurisdiction 8 Venue is proper in Harris County, Texas because the real property at issue in this lawsuit is situated in Harris County, Texas; and Harris County, Texas is a county in which Defendants reside. This action seeks to partition and sell real property located in Harris County, Texas. Venue is proper in this court pursuant to §15.011 of the Texas Civil Practice and Remedies Code. Jurisdiction is proper in Harris County, Texas since the amount in controversy is within this Court’s jurisdictional limit. D. Contribution 9 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 -2- these taxes from the Defendants, jointly and severally. Plaintiff prays for contribution for these sums, for interest and reimbursement of attorney’s fees. E. Suit for Partition and/or Sale 10. Plaintiffs seeks 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 of the 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. F. Damage: 11. 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. G. Conditions Precedent 12. 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 -3- been discharged, satisfied or fully performed. H._Attorney’s Fee: 13. 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. I. Requests for Disclosur 14, Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose, within 50 days of the service of the request, the information or material described in Rule 194.2 (a)- (). WHEREFORE, Plaintiffs prays that Defendants be cited to answer and appear herein and that upon final trial hereof Plaintiffs have from Defendants, jointly and severally: 1 Partition and sale of the real property made the basis of this lawsuit. 2. Distribution of the pro rata share of the proceeds to the proper parties. Damages. Prejudgment and post judgment interest. Reasonable attorney’s fees. Cost of Court. For such other relief both general and special, at law and in equity, to which Plaintiff may show herself justly entitled. -4- Respectfully submitted, SCHEINTHAL & KOUTS, L.L.P. ALAN R. SCH! HAL State Bar No. 17736640 4635 Southwest Freeway, Suite 720 Houston, Texas 77027 (713) 871-8040 (7130 871-8642 Facsimile ascheinthal@sk-llp.com ATTORNEYS FOR PLAINTIFFS -5-