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ls °
a Mul Cause No. DC10-16694 —G-
LOU RATHBURN,
IN THE Dt
Plaintiff
vs.
DALLAS COUNTY, TEXAS
SAFEGUARD SECURITY HOLDINGS, INC,
R. MICHAEL LAGOW, and THE SYSTEMS
GROUP, INC, aka SYSTEMSGROUP, INC
Defendants 134" DISTRICT COURT
SECOND AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW LOU RATHBURN, Plaintiff, and files this her First Amended Original Petition,
and in support hereof would show:
COUNT 1
SUIT ON NOTE AND GUARANTEE
|
Discovery in this action is intended to be conducted under Level 1, T.R.Civ.Pro. Rule 190.1.
Il
Plaintiff is an individual residing in Mineola, Texas.
MI
Defendant R. Michael Lagow is an individual residing in Dallas County, Texas. He has been
served with process.
IV
Defendant SAFEGUARD SECURITY HOLDINGS, INC., is a domestic corporation qualified to
do business and doing business in the State of Texas. It has been served with process.
v
——————— ——————————
Rathburn vs. Safeguard Security - 1% Am. Orig. Pet. Page 1Defendant THE SYSTEMS GROUP INC, also known as SYSTEMGROUP, INC is a forcign
corporation lawfully doing business in the State of Texas. Plaintiff has made diligent efforts to
serve it by serving the registered agent for process. However, said agent for service of process
could not be located because his office is now vacant. Accordingly, process should be served by
the District Clerk on the Secretary of State’s Citation Unit, who should then forward the Citation
and Petition to this defendant’s registered agent:
R. Michael Lagow
3102 Oaklawn Av. Suite 700
Dallas, Texas, 75219
VI
On or about October 21, 2010 in Dallas County, Texas, defendant SAFEGUARD SECURITY
HOLDINGS, INC, for value received, executed and delivered to plaintiff a promissory note in
the sum of $69,181.32. Plaintiff is the owner and holder of the note. Said defendant has
defaulted on its obligation to make payments on the note. Accordingly, the entire balance of the
note is now due and payable in the sum of $56,341.42
VII
Defendant R. MICHAEL, LAGOW signed an irrevocable and unconditional guarantee of
payment of the note. Accordingly, defendant R. MICHAEL LAGOW is fully liable for all
amounts due thereunder.
VIII
By the terms of said note, Plaintiff LOU RATHBURN is entitled to recover of defendants
SAFEGUARD SECURITY HOLDINGS INC and R. MICHAEL. LAGOW the reasonable and
necessary attorney fees incurred in the collection of this debt. Plaintiff has retained the
undersigned law firm to prosecute this case. Plaintiff prays that she recover judgment for the
reasonable and necessary attorney fees incurred in the trial and appeals of this case.
COUNT 2
MONEY HAD AND RECEIVED
Ix
Plaintiff refers to and incorporates by this reference cach and every allegation contained
hereinabove.
xX
On or about October 21, 2010 Plaintiff delivered to defendant THE SYSTEMS GROUP, INC,
the sum of $69,181.32. Of that sum, the amount of $56,341.42 remains due and owing to
Plaintiff, for which Plaintiff prays fur judgment.
Gaoeeeeeeeeee——————L—LLS_
Rathburn vs. Safeguard Security - 1st Am. Orig. Pet. Page 2WHEREFORE, PREMISES CONSIDERED, Plaintiff prays, Plaintiff prays that each defendant
be cited to answer and appear herein, and that upon trial of the merits Plaintiff be awarded
judgment as prayed for herein, for attorney fees, costs of court, and such other and further relief
as the Court deems just.
Respectfully submitted,
LAW OFFICES OF KENNETH S. HARTER
/s/Kanneth S. Harter
Kenneth S. Harter
State Bar ID 09155300
Attomeys for Plaintiff
1620 E. Beltline Rd.
Carrollton, Tx. 75006
(972) 242-8887
FAX (972) 446-7976
Rathburn vs. Safeguard Security - 1* Am. Orig. Pet. Page 3
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ls ° a Mul Cause No. DC10-16694 —G- LOU RATHBURN, IN THE Dt Plaintiff vs. DALLAS COUNTY, TEXAS SAFEGUARD SECURITY HOLDINGS, INC, R. MICHAEL LAGOW, and THE SYSTEMS GROUP, INC, aka SYSTEMSGROUP, INC Defendants 134" DISTRICT COURT SECOND AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT COMES NOW LOU RATHBURN, Plaintiff, and files this her First Amended Original Petition, and in support hereof would show: COUNT 1 SUIT ON NOTE AND GUARANTEE | Discovery in this action is intended to be conducted under Level 1, T.R.Civ.Pro. Rule 190.1. Il Plaintiff is an individual residing in Mineola, Texas. MI Defendant R. Michael Lagow is an individual residing in Dallas County, Texas. He has been served with process. IV Defendant SAFEGUARD SECURITY HOLDINGS, INC., is a domestic corporation qualified to do business and doing business in the State of Texas. It has been served with process. v ——————— —————————— Rathburn vs. Safeguard Security - 1% Am. Orig. Pet. Page 1Defendant THE SYSTEMS GROUP INC, also known as SYSTEMGROUP, INC is a forcign corporation lawfully doing business in the State of Texas. Plaintiff has made diligent efforts to serve it by serving the registered agent for process. However, said agent for service of process could not be located because his office is now vacant. Accordingly, process should be served by the District Clerk on the Secretary of State’s Citation Unit, who should then forward the Citation and Petition to this defendant’s registered agent: R. Michael Lagow 3102 Oaklawn Av. Suite 700 Dallas, Texas, 75219 VI On or about October 21, 2010 in Dallas County, Texas, defendant SAFEGUARD SECURITY HOLDINGS, INC, for value received, executed and delivered to plaintiff a promissory note in the sum of $69,181.32. Plaintiff is the owner and holder of the note. Said defendant has defaulted on its obligation to make payments on the note. Accordingly, the entire balance of the note is now due and payable in the sum of $56,341.42 VII Defendant R. MICHAEL, LAGOW signed an irrevocable and unconditional guarantee of payment of the note. Accordingly, defendant R. MICHAEL LAGOW is fully liable for all amounts due thereunder. VIII By the terms of said note, Plaintiff LOU RATHBURN is entitled to recover of defendants SAFEGUARD SECURITY HOLDINGS INC and R. MICHAEL. LAGOW the reasonable and necessary attorney fees incurred in the collection of this debt. Plaintiff has retained the undersigned law firm to prosecute this case. Plaintiff prays that she recover judgment for the reasonable and necessary attorney fees incurred in the trial and appeals of this case. COUNT 2 MONEY HAD AND RECEIVED Ix Plaintiff refers to and incorporates by this reference cach and every allegation contained hereinabove. xX On or about October 21, 2010 Plaintiff delivered to defendant THE SYSTEMS GROUP, INC, the sum of $69,181.32. Of that sum, the amount of $56,341.42 remains due and owing to Plaintiff, for which Plaintiff prays fur judgment. Gaoeeeeeeeeee——————L—LLS_ Rathburn vs. Safeguard Security - 1st Am. Orig. Pet. Page 2WHEREFORE, PREMISES CONSIDERED, Plaintiff prays, Plaintiff prays that each defendant be cited to answer and appear herein, and that upon trial of the merits Plaintiff be awarded judgment as prayed for herein, for attorney fees, costs of court, and such other and further relief as the Court deems just. Respectfully submitted, LAW OFFICES OF KENNETH S. HARTER /s/Kanneth S. Harter Kenneth S. Harter State Bar ID 09155300 Attomeys for Plaintiff 1620 E. Beltline Rd. Carrollton, Tx. 75006 (972) 242-8887 FAX (972) 446-7976 Rathburn vs. Safeguard Security - 1* Am. Orig. Pet. Page 3