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Cause No. mM SO
wey 9 ay
A. eR Sh, Op
-
LOU RATHBURN, pi
Plaintiff
vs.
SAFEGUARD SECURITY HOLDINGS, INC,
R. MICHAEL LAGOW, and THE SYSTEMS
GROUP, INC, aka SYSTEMSGROUP, INC
Defendants 5 134" 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 hercof would show:
COUNT |
SUIT ON NOTE AND GUARANTEE
I
Discovery in this action is intended to be conducted under Level 1, T.R.Civ.Pro. Rule 190.1.
I
Plaintiff is an individual residing in Mineola, Texas.
HI
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 - 24 Am. Orig. Pet.Defendant THE SYSTEMS GROUP INC, also known as SYSTEMGROUP, INC is a foreign
corporation lawfully doing business in the State of Texas. It has been served with process
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 is $2,285.98.
VI
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 attomey 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 each and every allegation contained
hereinabove.
x
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 $2285.98 remains due and owing to Plaintiff,
for which Plaintiff prays fur judgment.
COUNT 3
BREACH OF CONTRACT
XI
Rathburn vs. Safeguard Security - 2" Am. Orig. Pet.Plaintiff refers to and incorporates by this reference cach allegation made hereinabove.
XII
On or about July 15, 2010 Plaintiff loaned to Defendants the sum of $5988.45.
XU
Ignoring Plaintiff's demands Defendants have failed and refused to repay the said loan. Plaintiff
has performed all conditions precedent imposed upon her by the contract.
XIV
Plaintiff prays for judgment against defendants in the additional sum of $5,988.45, plus pre-
judgment interest at the legal rate.
COUNT 4
BREACH OF CONTRACT
XV
Plaintiff refers to and incorporates by this reference each allegation contained hereinabove.
XVI
On or about June 27, 2011, Plaintiff and Defendants entered into an agreement whereby Plaintiff
agreed to travel to Mexico to assist Defendants in their business ventures. Defendants apreed to
reimburse Plaintiff for her travel expenses
XVI
Plaintiff expended $4,000 in her travels into Mexico on behalf of Defendants Plaintiff has
performed all conditions precedent imposed upon her by the contract.
XVIII
Despite repeated demands, Defendants have failed and refused to reimburse the said $4,000 in
travel expenses.
COUNT $
BREACH OF CONTRACT
XIX
Rathburn vs. Safeguard Security - 2"¢ Am. Orig. Pet.Plaintiff refers to and incorporates by this reference cach allegation contained hereinabove.
XX
At the special request of Defendant MICHAEL LEGOW, Plaintiff caused to be formed a Nevada
Corporation Defendant LEGOW promised Plaintiff that he would reimburse to her all costs
incurred in the formation of said corporation.
XXI
Plaintiff performed all conditions imposed upon her by said contract.
XXII
Plaintiff spent the sum of $1,343 in forming said contract.
XXIII
Despite repeated demands Defendant ILEGOW has failed and refused to reimburse Plaintiff for
the sum of $1,343, for which she prays for judgment.
COUNT 6
ATTORNEY FEES
XXIV
Plaintiff has been required to retain the services of the undersigned, a licensed attorney, to
tepresent her in this matter. Under Chapter 38, Civil Practice and Remedies Code, Plaintiff is
entitled to recovery of the reasonable and necessary attorney fees incurred in the trial and appeals
of this case.
WHEREFORE, 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,
Rathburn vs. Safeguard Security - 2.4 Am. Orig. Pet.F KENNETH S. HARTER
Kenndlh S. Hater
State Bar ID 09155300
Attomeys for Plaintiff
1620 E. Beltline Rd.
Carrollton, Tx. 75006
(972) 242-8887
FAX (972) 446-7976
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was served on counsel for Defendants, by
mailing a copy of same, by 1* class mail, addressed to:
Mr. Johnny Almon
The Almon [Law Firm
P.O. Box 786
Keller, Tx. 76244
Signed on this the 16™ day of September, 2011.
Kenneth S[Hartér
ee
Rathburn vs. Safeguard Security - 2"¢ Am. Orig. Pet.
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Cause No. mM SO wey 9 ay A. eR Sh, Op - LOU RATHBURN, pi Plaintiff vs. SAFEGUARD SECURITY HOLDINGS, INC, R. MICHAEL LAGOW, and THE SYSTEMS GROUP, INC, aka SYSTEMSGROUP, INC Defendants 5 134" 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 hercof would show: COUNT | SUIT ON NOTE AND GUARANTEE I Discovery in this action is intended to be conducted under Level 1, T.R.Civ.Pro. Rule 190.1. I Plaintiff is an individual residing in Mineola, Texas. HI 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 - 24 Am. Orig. Pet.Defendant THE SYSTEMS GROUP INC, also known as SYSTEMGROUP, INC is a foreign corporation lawfully doing business in the State of Texas. It has been served with process 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 is $2,285.98. VI 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 attomey 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 each and every allegation contained hereinabove. x 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 $2285.98 remains due and owing to Plaintiff, for which Plaintiff prays fur judgment. COUNT 3 BREACH OF CONTRACT XI Rathburn vs. Safeguard Security - 2" Am. Orig. Pet.Plaintiff refers to and incorporates by this reference cach allegation made hereinabove. XII On or about July 15, 2010 Plaintiff loaned to Defendants the sum of $5988.45. XU Ignoring Plaintiff's demands Defendants have failed and refused to repay the said loan. Plaintiff has performed all conditions precedent imposed upon her by the contract. XIV Plaintiff prays for judgment against defendants in the additional sum of $5,988.45, plus pre- judgment interest at the legal rate. COUNT 4 BREACH OF CONTRACT XV Plaintiff refers to and incorporates by this reference each allegation contained hereinabove. XVI On or about June 27, 2011, Plaintiff and Defendants entered into an agreement whereby Plaintiff agreed to travel to Mexico to assist Defendants in their business ventures. Defendants apreed to reimburse Plaintiff for her travel expenses XVI Plaintiff expended $4,000 in her travels into Mexico on behalf of Defendants Plaintiff has performed all conditions precedent imposed upon her by the contract. XVIII Despite repeated demands, Defendants have failed and refused to reimburse the said $4,000 in travel expenses. COUNT $ BREACH OF CONTRACT XIX Rathburn vs. Safeguard Security - 2"¢ Am. Orig. Pet.Plaintiff refers to and incorporates by this reference cach allegation contained hereinabove. XX At the special request of Defendant MICHAEL LEGOW, Plaintiff caused to be formed a Nevada Corporation Defendant LEGOW promised Plaintiff that he would reimburse to her all costs incurred in the formation of said corporation. XXI Plaintiff performed all conditions imposed upon her by said contract. XXII Plaintiff spent the sum of $1,343 in forming said contract. XXIII Despite repeated demands Defendant ILEGOW has failed and refused to reimburse Plaintiff for the sum of $1,343, for which she prays for judgment. COUNT 6 ATTORNEY FEES XXIV Plaintiff has been required to retain the services of the undersigned, a licensed attorney, to tepresent her in this matter. Under Chapter 38, Civil Practice and Remedies Code, Plaintiff is entitled to recovery of the reasonable and necessary attorney fees incurred in the trial and appeals of this case. WHEREFORE, 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, Rathburn vs. Safeguard Security - 2.4 Am. Orig. Pet.F KENNETH S. HARTER Kenndlh S. Hater State Bar ID 09155300 Attomeys for Plaintiff 1620 E. Beltline Rd. Carrollton, Tx. 75006 (972) 242-8887 FAX (972) 446-7976 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served on counsel for Defendants, by mailing a copy of same, by 1* class mail, addressed to: Mr. Johnny Almon The Almon [Law Firm P.O. Box 786 Keller, Tx. 76244 Signed on this the 16™ day of September, 2011. Kenneth S[Hartér ee Rathburn vs. Safeguard Security - 2"¢ Am. Orig. Pet.